Pawnee Nation of Oklahoma

P.O. Box 470

Pawnee, Oklahoma 74058

918/762-3621

RESOLUTION #99-01

January 15, 1999

RESOLUTION

Whereas, The Pawnee Business Council is the supreme governing body of the

Pawnee Nation and is authorized to conduct business on behalf of the

Pawnee Nation in accordance with Articles IV, Sections 1 and 2 of the

-

Pawnee Nation Constitution, and

Whereas, the Pawnee Business Council met in a special session on January 15,

1999, at the Building I~64 Conference Room, duly authorized, with a

quorum present, and

Whereas, the Pawnee Gaming Commission developed the Pawnee Gaming

Ordinance, and has completed said document, and,

Whereas, the Pawnee Gaming Commission voted to approve the Pawnee Gaming

Ordinance of 1999.

NOW THEREFORE BE IT RESOLVED that the Pawnee Business Council does

hereby support and approve the Pawnee Gaming Ordinance of 1999.

CERTIFICATION

1, Geraldine Howell, Secretary-Treasurer of the Pawnee Business Council, certify that a special

meeting of the Pawnee Business Council was held on the 15th day of January, 1999, and that the

Pawnee Business Council is composed of eight members, of whom 8 were present, comprising a

quorum; and that the foregoing resolution was duly adopted by a vote of j. for,O against,

abstaining, 0 absent, and .j.... not voting.

S~ed t4ii iSeA daq 4 ~Zz~ua~. (999.

ATTEST:

Gqfaldine

Q4~L~4~J

Howell, Secretary-Treasurer

/

Marshall Gover, President
CHANGES TO PAWNEE NATION OF OKLAHOMA

GAMING ORDINANCE OF 1997

Page 23 & continued on Page 24:

Section 4.2 (2)

Change (b) to Primaiy Management Official License

Change~ (c) to Gaming Manager License

Change (d) to Key Employee License

Add (e) General Employee License

Page 24

Section 4.3 (2)

Change (b) to Primary Management Official License $50.00

Change (c) to Gaming Manager License $50.00

Change (d) to Key Employee License $20.00

Add (e) General Employee License $15.00
Article I INTRODUCTION

TABLE OF CONTENTS

Section 1.1

Section 1.2

Section 1.3

Section 1.4

Declaration of Policy 1

Scope I

General Prohibition -

Exceptions I

Definitions 2

Article II GENERAL PROVISIONS

Section 2.1

Section 2.2

Section 2.3

Section 2.4

Section 2.5

Section 2.6

Section 2.7

Section 2.8

Section 2.9

Section 2.10

Section 2.11

Section 2.12

Section 2.13

Section 2.14

Section 2.15

Section 2.16

Gaming Authorized

Class II Licensing

Class Ill Licensing

Interest and Responsibility

Matters Relating to Hiring of Employees

Audit Provisions

Environmental Protection

Allowable Charges and Hours of Operation

Public Notice of Prices, Charges and Rules

Intoxicating Beverage Prohibited

Age Restrictions

Discrimination Prohibited

indian Preference Required

Civil Penalties

Criminal Penalties

Requirements to Receive a Prize

Article lii TRIBAL GAMING COMMISSION

Section 3.1

Section 3.2

Section 3.3

Section 3.4

Section 3.5

Section 3.6

Section 3.7

Section 3.8

Section 3.9

Section 3.10

14

14

14

14

14

14

15

18

18

19

9

9

9

9

9

10

11

11

12

12

12

12

12

12

13

13

Tribal Gaming Commission Created

Conflict of Interest

Voting

Appointment of Members

Term of Office

Appointment of Officers

Authority and Responsibility

Reports

Staffing of Tribal Gaming Commission

Access to Information
Types

License

of

for

License

Location

to be

.

Issued

License Fees

Article V LICENSE APPLICATION PROCEDURE

Section 5.1

Section 5.2

Section 5.3

Section 5.4

Section 5.5

Section 5.6

Section 6.1

Section 6.2

Section 6.3

Section 6.4

Section 6.5

Section 6.6

Section 6.7

Article VII ISSUANCE OF LICENSES, RENEWAL, SUSPENSION

Section 7.1

Section 7.2

Section 7.3

Section 7.4

Section 7.5

Section 7.6

Section 7.7

19

20

21

22

22

25

25

28

30

30

30

31

31

31

31

33

34

34

36

37

37

38

38

38

39

Section 3.11

Section 3.12

Section 3.13

Section 3.14

Section 3.15

Article IV

Assessment of Fees

Judicial Review

Subpoena and Deposition Authority

Referrals for Prosecution

Authorization for Appropriations

GAMING LICENSE REQUIREMENTS

Section 4.1

Section 4.2

Section 4.3

23

23

24

Article VI

Application Forms

Submissions with Applications

Notice Features

Payment of Application Fee

Description on Application

Manner of Filing Instruments

BACKGROUND INVESTIGATIONS

General

Authority

Fingerprinting

Investigative Procedures

Eligibility Determination

Procedures for Forwarding Applications and Reports for . .

Key Employees and Primary Management Officials to the

National Indian Gaming Commission

Report to the National Indian Gaming Commission

General

Validity

Assignment, Transfer, Display

No Class Ill Gaming License

License Suspension

Renewals

No Property Rights in Licenses

II
Article VIII TRIBAL GAMING

Appointment of Contractor

Duties of A Management Contractor

Requirements for Management Contracts

Licensing Required

Article X NON-PROFIT GAMING

40

40

40

41

41

41

43

44

44

44

44

45

45

45

45

45

Section 10.1 License of Certain Non-Profit Organizations 51

Section 10.2 Licensing Procedure 51

Section 11.1

Section 11.2

Section 11.3

Section 11.4

Section 11.5

52

52

52

52

53

Section 8.1

Section 8.2

Section 8.3

Section 8.4

Section 8.5

Section 8.6

Section 8.7

Section 8.8

Section 8.9

Section 8.10

Section 8.11

Section 8.12

Section 8.13

Section 8.14

Section 8.15

Section 8.16

Article IX

Section 9.1

Section 9.2

Section 9.3

Section 9.4

Establishment of Tribal Operated Gaming Operation(s)

Commencing Operations

Use of Net Revenue

Administration and Regulations by Tribal Subdivision

Designation of the Gaming Manager

Powers and Miscellaneous Provision

Duties of the Tribal Gaming Manager

Supplies and Equipment

Location of Gaming Sessions

Report of Winners

Report of Receipts and Disbursements

Verification of Report

Deposit of Monies

No Tribal Liability

Appropriations for Gaming Operation

Employee Grievances

MANAGEMENT CONTRACTS

47

49

49

50

Article XI RECORDS AND REPORTS

Keep and Maintain

Statement of Gross Gaming Receipts and Net Revenues ..

Falsification of Books and Records

Inspection by Tribal Gaming Commission

Insurance Policies

III
Article XII VIOLATIONS

Section 12.1

Section 12.2

Section 12.3

Section 12.4

Section 12.5

Section 12.6

Section 12.7

Section 12.8

Section 12.9

Section 12.10

General

Gaming License

Falsifying Information

Age Limit

Cheating

Possession of a Firearm

Violation of Any Provision, Rule, Regulation or

In Privity

Compliance of Ordinance

Fraudulent Scheme of Technique

Article XIII CIVIL ENFORCEMENT

Section

Section

Section

Section

13.1

13.2

13.3

13.4

Article XIV HEARINGS AND APPEALS

56

56

57

57

Section 14.1

Section 14.2

Petition for Payment of Penalty 58

Petition for Hearing and Reconsideration 58

Article XV APPLICABLE LAW

Section 15.1 Controversies Involving Contract 59

Article XVI SERVICE

Section 16.1 Tribal Gaming Commission Service Agent 60

Section 16.2 Management Service Agent 60

Article XVII SAVINGS PROViSION

Section 17.1 Invalidity 61

Order

54

54

54

54

54

54

55

55

55

55

Action to be Taken

Jurisdiction

Notification

Acknowledgement

iv
Article XVIII DISPUTES BETWEEN MANAGER AND PATRONS

Section 18.1 Improper Conduct by Patrons 62

Section 18.2 Resolving Disputes Between Patrons and Tribe or 63

Management Officials

Article XIX AMENDMENT OF ORDINANCE

Section 19.1 Amendment by Majority Vote 64

Article XX EFFECTIVE DATE/REPEAL

Section 20.1 General 65

V
THE PAWNEE NATION OF OKLAHOMA

GAMING ORDINANCE OF 1997

An Ordinance to authorize, license regulate Class II and Class Ill gaming on

Tribal Lands of the Pawnee Nation of Oklahoma.

ARTICLE I

INTRODUCTION

Section 1.1 DECLARATION OF POLICY

It is the declared policy of the Pawnee Nation of Oklahoma that:

(1) All gaming conducted on Tribal Lands of the Tribe shall be regulated by the

Pawnee Gaming Commission to protect the public health, welfare and morals of residence,

employees and patrons from the adverse effects which may derive from unregulated

gaming;

(2) It is the objective of the Tribe to achieve and sustain the maximum Tribal

revenue from gaming; and

(3) The conduct of activities provided for by this Ordinance on Tribal Lands shall

conform with the Indian Gaming Regulatory Act, 102 Stat. 2467, 25 U.S.C. 2701 et seq.,

and the requirements promulgated by the National Indian Gaming Commission.

Section 1.2 SCOPE

This Ordinance shall apply to all Gaming conducted within the territorial jurisdiction of the

Pawnee Nation of Oklahoma in which a prize is offered or awarded to any participant or

in which a participant is required or requested to provide any legal consideration in order

to participate, whether in person or by an agent.

Section 1.3 GENERAL PROHIBITION - EXCEPTIONS

No person shall conduct any game of Bingo or any other Class II Gaming or any Class Ill

Gaming within Tribal Lands for which a charge is made or other consideration requested

or required for participation, or to the winner of which any prize is awarded except as

licensed pursuant to this Ordinance.

I
Section 1.4 DEFINITIONS

As used in this Ordinance, the following definitions shall apply:

(1) ACT means the Indian Gaming Regulatory Act, 102 Stat. 2467, codified 25

U.S.C. 2701 et seq., as amended from time to time.

(2) BINGO means a game of chance, whether or not electronic, computer, or

other technologic aids are used in connection therewith:

(a) which is played for prizes, including monetary prizes, with cards

bearing numbers or~ other designations;

(b) in which the holder of the card covers such numbers or designations

when objects, similarly numbered or designated, are drawn or electronically determined;

(c) in which the game is won by the first person covering a previously

designated arrangement of numbers or designations on such cards, including, if played

in the same location, pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games

similar to bingo; and

(d) card games that

(i) are explicitly authorized by the laws of the State; or

(ii) are not explicitly prohibited by the laws of the State and are

played at any location in the State, but only if such card games are played in conformity

with those laws and regulations (if any) of the State regarding hours or periods of

operation of such card games or limitations on wagers or pot sizes in such card games.

(3) CHEATING means operating or playing in a game in a manner in violation

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

oneself, or someone in privity with oneself, an advantage over and above the chance of

the game.

(4) CLASS II GAMING means that gaming defined in 25 U.S.C. § 2703(7)(A)

and 25 C.F.R. § 502i3.

(5) CLASS Ill GAMING means that gaming defined in 25 U.S.C. §2703(8) and

25 C.F.R. § 502.4.

(6) CONCESSIONS means all soft drinks, food, novelty items, and gaming and

bingo paraphernalia sold at the Gaming Facility.

2
(7) COUNCIL means the Pawnee Business Council as described in the

Constitution of the Pawnee Nation of Oklahoma.

(8) DEVELOPMENT ADVANCES means the funds provided or expended by

a Management Contractor, from its independent funds or by loans from third party

institutional lenders to a Management Contractor, as a portions or all of the facility costs

for a Gaming Facility and as initial start up costs and operating reserves as may be

required pursuant to the terms and provisions of a Management Contract, and to be

reimbursed to a Management Contractor solely from gaming receipts in accordance with

the terms of a Management Contract, without recourse against the Tribe or its officers,

agencies, or employees in the event the gaming receipts are insufficient to repay the

Development Advances and/or interest thereon, in which even the Development Advances

shall be deemed forgiven and no right of action shall exist in any Court as against the

Tribe, its officers, agencies, other business enterprises, or employees for the

reimbursement of the Development Advances, and a Management Contractor shall

indemnify the Title in such respect.

(9) EQUIPMENT means all gaming, office, concession, and maintenance

equipment necessary to the operation of Class II Gaming or Class Ill Gaming, as

applicable, and of a Gaming Facility.

(10) EQUIPMENT COSTS as to any item of Equipment or period of time, means

the cost at which Equipment may be acquired pursuant to competitive building.

(11) FACILITY COSTS means the actual and direct cost of acquiring a gaming

site and the development, construction and establishment thereon of a Gaming Facility,

including the Equipment Costs incurred in connection therewith.

(12) GAMING means risking any money or other thing of value for gain,

contingent, wholly or partially, upon lot, chance, the operation of gaming apparatus, or the

happening or outcome of an event over which the person taking the risk has no control.

(13) GAMING FACILITY means a building or buildings used in the operation of

Bingo Games, other Class II Gaming, or Class III Gaming, as applicable, including all

appurtenances, access roads, parking lots, easements, outside lighting, water and sewer

facilities, electrical facilities, heating and air conditioning equipment, fixtures, and any and

all other improvements reasonable and necessary to a facility of similar operation and use.

(14) GAMING OPERATION means each economic entity that is licensed under

this Ordinance, operates the games, receives the revenues, issues the prizes, and pays

the expenses. A Gaming Operation may be operated by the Tribe directly or by a

Management Contractor.

(15) GAMING SITE or SITE means the tract or tracts of Iand upon which a

Gaming Facility is located.

3
(16) GROSS GAMING RECEIPTS means, as to any period, all monies

(calculated on a cash basis) derived, produced, or created in any manner whatsoever

related to, or as a result of business done, sales made and services rendered at, in, about,

or from a Gaming Facility by a Management Contractor audit affiliates, whether individuals,

corporations, partnerships, limited liability companies, firms or other business entities

recognized under the laws of the State and shall further include income to the

Management Contractor produced or derived from the leasing, renting, permitting,

contracting, or other authorized use of a Gaming Facility subject to a lease, rent, permit,

license, concession agreement, or other contract for use thereof; PROVIDED, however,

that all sales made on credit shall be treated as Gross Gaming Receipts as of the date

sale is made. The term GROSS GAMING RECEIPTS, however, shall not include:

(a) sums collected and paid out for any sales or excise tax imposed by

any duly constituted governmental taxing authority, where such sum is billed to the

purchaser as a separate item;

(b) the exchange of merchandise between Gaming Facilities or

storehouses maintained by a Management Contractor where such exchanges of goods or

merchandise are made solely for the convenient operation of the business of the

Management Contractor and not for the purpose of consummating a sale which has

previously been made at, in, for, or upon a Gaming Facility;

(C) sales of fixtures and Equipment not in the regular course of business;

or

(d) revenue from Concessions.

(17) IN PRIVIlY 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.

(18) KEY EMPLOYEE of a Gaming Operation means:

(a) a person who performs one or more of the following functions:

(i) bingo caller;

(ii) counting room supervisor;

(iii) security personnel;

(iv) custodian of gaming supplies or cash;

(v) floor manager;

(vi) pit boss;

(vii) dealer;

(viii) croupier;

(ix) approver of credit; or

4
(x) custodian of gambling devices including persons with access

to cash and accounting records within such devices;

(b) if not otherwise included, any other person whose total cash

compensation is in excess of $50,000 per year; or

(c) if not otherwise included, the four most highly compensated persons

in the gaming operation.

(19) MANAGEMENT CONTRACT means any contract or collateral agreement

between the Tribe and an outside Management Contractor, not a regular employee of the

Tribe, if such contract or agreement provides for the development and/or management of

all or part of a Gaming Operation at a specified Gaming Facility.

(20) MANAGEMENT CONTRACTOR means the Person (other than the Tribe)

holding a Management Contract entered into pursuant to 25 U.S.C. § 2710(d)(9) or § 2711.

(21) NATIONAL GAMING CHAIRMAN means the Chairman of the National

Indian Gaming Commission, or his or her designee.

(22) NATIONAL INDIAN GAMING COMMISSION means the National Indian

Gaming Commission or any successor authorized under the Act.

(23) NET GAMING RECEIPTS means Gross Gaming Revenues of a Gaming

Operation less --

(a) amounts paid out as, or paid for, prizes; and

(6~ tOtal gaming-related operating expenses, excluding management fees.

(24) OPERATING EXPENSES means, for any period of time, all reasonable,

necessary and customary costs, calculated on a cash basis, incurred in Gaming

Operations at a Gaming Facility, including, but not limited to:

(a) reasonable payroll expenses;

(b) advertising;

(c) security;

(d) insurance;

(e) applicable taxes;

(f) utilities;

5
(g) printing; and

(h) costs of goods sold.

The term does not include:

(a) depreciation of the Gaming Facility and Gaming Equipment;

(b) amounts paid in amortization for reimbursement of Development

Advances;

(C) management fees;

(d) payroll compensation to Primary Management Officials and Key

Employees of a Management Contractor in excess of $50,000 per annum.

(25) PATRON means a person participating in a game with the hope of winning

money or other benefit, but does not include a licensee, or any assignee of a licensee.

(26) PERSON means any individual, firm, partnership, corporation, limited

liability company, association or other business entity recognized under the laws of the

State.

(27) PRIMARY MANAGEMENT OFFICIAL means:

(a) the person having management responsibility for a Management

Contract;

(b) each Person (including individuals compromising a business entity)

having a direct financial interest in a Management Contract. In the case of a corporation,

the term includes those Persons who serve on the Board of Directors of such corporation

and every Person who owns, directly or indirectly, either individually or by agent, including

Relatives, any stock in a corporate Management Contractor or equity interests in any other

legal entity which is ~a Management Contractor however those shares or interests be

designated, or a Person having sufficient voting power individually or by proxy to elect at

least one member to the Board of Directors or other managing entity of a Management

Contractor. The term also includes all other persons employed by a Management

Contractor in any capacity, and Relatives of persons who are defined as Primary

Management officials by the preceding text, having five percent (5%) or more equity

ownership, either individually or by agent, including Relatives, in any other business entity

hired by a Management Contractor or by doing any business with a Management

Contractor with respect to an agreement entered into by the Management Contractor in a

gaming operation;

6
(c) any person who has authority:

(I) to hire and fire employees; or

(ii) to set up working policy for a Gaming Operation; or

(d) the chief financial officer or other person who has financial

management responsibility.

(28) PRIZE COSTS means, as to any period of time, the total amount of all

money and property (limited to the actual acquisition costs of property prizes) given away

as prizes to bona fide participants of gaming conducted at a Gaming Facility.

(29) RELATIVE means an individual related to a referenced natural Person as

a father, mother, son, daughter, brother, sister, husband, wife, stepfather, stepmother,

stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

(30) REVENUE means Gross Gaming Receipts less:

(a) Operating Expenses;

(b) Prize Costs;

(c) actual amortized payments made to reimburse Development

Advances; and

(d) a percentage of the Equipment Costs appropriate for the period for

which the Revenue is to be calculated.

(31) STATE means the State of Oklahoma and any of its agencies or

instrumentalities.

(32) TRIBAL BUSINESS COUNCIL means the Pawnee Business Council as

described in the Constitution of the Pawnee Nation of Oklahoma.

(33) TRIBAL COURT means a court duly constituted under the Constitution of

the Pawnee Nation of Oklahoma, or any court functioning under the federal laws of the

United States of America; but shall exclude any court functioning under the laws of any

state of the United States of America.

(34) TRIBAL GAMING CHAIRMAN means the Chairman of the Pawnee Tribal

Gaming Commission.

(35) TRIBAL GAMING COMMISSION means the Pawnee Tribal Gaming

Commission created under Article Ill hereof.

7
(36) TRIBAL GAMING OPERATION means a Gaming Operation owned,

operated, and managed solely by the Tribe through its own employees.

(37) TRIBAL LANDS means any land within the boundaries of the former

Pawnee, Comanche, and Pawnee/Apache Indian Reservations as those boundaries and

jurisdictions existed prior to and after the Sixth Section of the Act of June 6, 1900, or all

land over which the Tribe exercises governmental power and that is either held in trust by

the United States for the benefit of the Tribe or individual members of the Tribe subject to

restrictions by the United States against alienation.

(38) TRIBAL MANAGER means an individual Person hired by the Tribe as a

regular employee of the Tribe with overall management responsibility for a Tribal Gaming

Operation.

(39) TRIBAL PROSECUTOR means any attorney regularly employed as an

employee of the Tribe or other special counsel retained by the Tribe as a law enforcement

official.

(40) TRIBAL-STATE COMPACT means an agreement between the Tribe and

any state which regulates Class Ill Gaming pursuant to 25 U.S.C. § 2710(d).

(41) TRIBAL TREASURER means the Tribal Treasurer as described in the

Constitution of the Pawnee Nation of Oklahoma.

(42) TRIBE means the Pawnee Nation of Oklahoma.

8
ARTICLE II

GENERAL PROVISIONS

Section 2.1 GAMING AUTHORIZED

Class II Gaming as defined at § 2703(7)(A) and Class Ill Gaming as defined at § 2703(8)

of the Indian Gaming Regulatory Act and by the regulations promulgated by the National

Indian Gaming Commission at 25 C.F.R. § 502.3 (as published in the Federal Register at

57 FR 12383-12393, April 9, 1992) are hereby authorized in accordance with the

provisions of this Ordinance.

Section 2.2 CLASS II LICENSING

Class II Games as follows may be licensed for conduct on Tribal Lands:

(1) Bingo as defined under this Act (whether or not electronic, computer, or other

technologic aids are used in connection therewith) including, if played at the same

location, pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to

bingo.

(2) Any game determined to be Class II Gaming by amendment of the act, by

regulation, or by decision of the National Indian Gaming Commission or the federal courts.

Section 2.3 CLASS HI LICENSING

Class Ill Games, as may be provided for in a compact between the State of Oklahoma and

the Tribe, or such procedures as prescribed by the Secretary of the Interior pursuant to the

Act, may be licensed for conduct on Tribal lands.

Section 2.4 INTEREST AND RESPONSIBILITY

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

Gaming Operation authorized by this Ordinance. If the Tribe, acting through the Tribal

Business Council, elects to allow individually owned Gaming Operations, it shall authorize

such operations in accordance with the requirements set forth in 25 C.F.R. § 522.10 or

§ 522.11.

Section 2.5 MATTERS RELATING TO HIRING OF EMPLOYEES

(1) Eligibility Issues

9
Tribal Managers and Management Contractors licensed to conduct Gaming,

pursuant to this Ordinance, shall never allow any or the following persons to become an

employee of such Tribal Manager or Management Contractor, or otherwise receive any

salary, remuneration, dividend, benefit, or recompense in any matter whatsoever, either

directly or indirectly, as a result of, or due to, the conduct of Gaming within the Tribal

jurisdiction:

(a) any Person less than sixteen (16) years of age;

(b) any Person who has been convicted by any court or competent

jurisdiction of a felony, a gaming offense, or other crime involving moral turpitude;

(c) any Person who holds an office of the Tribe or any member of the

Pawnee Business Council or the Tribal Gaming Commission; or

(d) any person who is a Relative of any person described in clause (C) of

this Section.

(2) Substance Abuse Testing

Primary Management Officials, Key Employees, and all other general employees

of a Gaming Operation shall be subject to regular, random, and routine tests for the

abusive or illegal use of alcohol and drugs in accordance with specific ordinance or by

regulations adopted by the Pawnee Business Council.

Section 2.6 AUDIT PROVISIONS

(1) Implied Consent for Audits and Review

Any Person which applies for or receives a license to conduct Gaming, pursuant to

this Ordinance, shall be deemed to have consented to the audit and review of its records

by authorized accounting or law enforcement agencies or officers of the Tribal Gaming

Commission; and the Commission without notice or warrant at any reasonable time,

including spot checks är field audits of its operations during Gaming sessions, in return for

the privilege of conducting Gaming within the Tribal jurisdiction.

(2) Annual Audits

Not less frequently than once each calendar year, a complete audit, which may be

encompassed within the existing independent Tribal audit system, will be conducted by a

certified public accountant designated by the Tribal Gaming Commission with respect to

each Gaming Operation. The resulting audit reports shall be submitted promptly to the

Commission.

10
(3) Audit of Contracts

AU contracts for supplies, services, or concessions for a contract amount in excess

of Twenty-Five Thousand and No/I 00 Dollars ($25,000) annually (except contracts for

professional legal or accounting services) relating to a Gaming Operation shall be subject

to such independent audits, and each such contract shall contain a clause whereby each

party thereto agrees to cooperate and comply with said audit.

(4) Costs of Audit

The Tribal Gaming Commission shall levy upon each Gaming Operation a fee

sufficient to pay for the expenses associates with the audit or audits provided for by this

section. Such levy, upon being filed in the office of the Pawnee Tax Commission, shall be

subject to collection in the same manner as money judgments entered by a Tribal Court.

Section 2.7 ENVIRONMENTAL PROTECTION

(1) General

A Tribal Manager or Management Contractor shall construct, maintain and operate

a Gaming Facility in a manner which adequately protects the environment and the public

health and safety.

The Tribal Gaming Commission shall have jurisdiction to make and enforce any

regulations necessary to protect the environment and the public health and safety with

regard to the construction, maintenance, and operation of a Gaming Facility. In doing so,

it may request the assistance of the Tribal health department and all other interested tribal

and federal agencies.

(2) Environmental Audits

Any Person, including a Management Contractor, submitting a Gaming Site for

proposed Gaming Operations shall be required to provide the Tribal Gaming Commission

an appropriate environmental report and assessment.

Section 2.8 ALLOWABLE CHARGES AND HOURS OF OPERATION

The Tribal Gaming Commission shall, from time to time and by appropriate regulation, duly

adopted, establish (1) maximum charges which may be charged to Patrons for participation

in Gaming subject to Tribal jurisdiction, and (2) days and hours or operation for Gaming

at Gaming Facilities.

II
Section 2.9 PUBLIC NOTICE OF PRICES, CHARGES AND RULES

A list of prizes to be given away by game, the charges for participation by game, and the

rules of each game with appropriate examples, shall be prominently displayed at each

Gaming Facility and within the room in which games are to be conducted in such manner

that the public shall have immediate and unrestricted access thereto.

Section 2.10 INTOXICATING BEVERAGES PROHIBITED

No person shall sell, serve, give away, consume, furnish, or possess any beer, ale, wine,

liquor, spirits, or any other beverage or product containing alcohol for ingestion by human

beings or any substance listed in U.S.C. 21 § 812 or added to the schedules contained

therein as provided by federal law, at or near any Gaming Facility operated within the

Tribal jurisdiction. Any Indian violating this section shall be guilty of an offense. Any non

Indian violating this section shall be expelled from the Indian Country subject to the

jurisdiction of the Tribe, or held for the federal authorities.

Section 2.11 AGE RESTRICTIONS

No person under the age of sixteen (16) years shall be permitted to play Games.

Section 2.12 DISCRIMINATION PROHIBITED

No person shall be discriminated against due to race, color, creed, sex, or national origin

at any game of Bingo, or for employment by any Tribal Manager or Management

Contractor.

Section 2.13 INDIAN PREFERENCE REQUIRED

Every Tribal Manager and Management Contractor shall give preference in hiring and

employee retention practices to members of federally recognized Indian Tribes, pursuant

to employment policies adopted by the Pawnee Business Council by appropriate

regulation.

Section 2.14 CIVIL PENALTIES

Any violations of this Ordinance are hereby declared to be a public nuisance. The Tribal

Gaming Commission is authorized to bring a civil action in any Tribal Court against any

Person violating the provisions of this Ordinance. Upon find that a violation has occurred,

12
the Tribal Court may impose a civil penalty as provided in Section 13.1 for each separate

violation in addition to any or all actual damages, administrative costs, and the fees of

counsel retained by the Tribal Gaming Commission to prosecute such offense. Each

Game played at which a continuing violation occurs shall be deemed a separate violation.

Section 2.15 CRIMINAL PENALTIES

Any person violating the provisions of this Ordinance shall be guilty of an offense and

shall, upon conviction thereof, be punished by the confinement for a period of not more

than one year, and a fine of not more than Five Thousand and No/I 00 Dollars ($5,000) or

by both such fine and imprisonment for each separate violation, in addition to court costs

and the fees of counsel retained by the Tribal Gaming Commission.

Section 2.16 REQUIREMENTS TO RECEIVE A PRIZE

In addition to being the first player to properly cover a predetermined and publicly

announced patten of squares upon the card being used by him, a player, in order to qualify

to receive a Prize, must furnish:

(1) Acceptable proof of said winners name, address, and social security number.

Acceptable proof may be a drivers license, photo identification, or other identification. An

oral statement or the winners social security number may be acceptable when

accompanied by two forms of identification, one of which is a photo identification.

(2) A signed receipt acknowledging acceptance and receipt of the prize

awarded.

13
ARTICLE III

TRIBAL GAMING COMMISSION

Section 3.1 TRIBAL GAMING COMMISSION CREATED

There is hereby established a Tribal Gaming Commission which shall be called the

Pawnee Tribal Gaming Commission. The Tribal Gaming Commission may meet and take

official action only at the Pawnee Tribal Reserve in Pawnee, Oklahoma.

Section 3.2 CONFLICT OF INTEREST

No member of the Tribal Gaming Commission shall engage in any business which is

subject to regulation by the provisions of this Ordinance. No member, during his term of

office or for two (2) years thereafter, may consult with or in any manner be employed by

or own, directly or through a Relative, nominee or trustee, any interest in any business

subject to regulation by this Ordinance.

Section 3.3 VOTING

The Tribal Gaming Commission shall act by majority vote of the Commissioners present;

provided, three (3) Commissioners shall constitute a quorum to transact business. Each

member of the Tribal Gaming Commission shall be entitled to one vote.

Section 3.4 APPOINTMENT OF MEMBERS

The Tribal Gaming Commission shall be appointed by the Pawnee Business Council) and

shall consist of five (5) commissioners. Only one (1) member of the Pawnee Business

Council may serve on the Tribal Gaming Commission at a time. This Pawnee Business

Council member may ~vote on gaming related issues in the Pawnee Business Council

meetings.

Section 3.5 TERM OF OFFICE

The term of office for the commissioners shall be a period of three (3) years.

Section 3.6 APPOINTMENT OF OFFICERS

The Chairman, Vice-Chaimian, and Secretary/Treasurer of the Tribal Gaming Commission

will be appointed by the Tribal Gaming Commissioners. The Chairman shall be the official

14
spokesperson for the Tribal Gaming Commission and may delegate this role only by

written instrument. In the absence of the Chairman, the Vice-Chairman will serve as

Chairman. The Tribal Gaming Commission may also elect such other officers as the

Commission deems appropriate.

Section 3.7 AUTHORITY AND RESPONSIBILITY OF TRIBAL GAMING

COMMISSION

The Tribal Gaming Commission shall have the power, authority, and responsibility to:

(1) Collect all funds, i.e. application fees, license fees, fines, penalties, and

guaranteed monthly payments due to the Tribe from any Gaming Operation on Tribal

Lands in accordance with the relevant provisions of this Ordinance.

(2) Request by requisition to the Pawnee Business Council the disbursement of

payroll, expenses, and any and all other funds. The requisition shall require the signature

of the Chairman and/or the Secretary/Treasurer. The disbursements will be made by the

Pawnee Business Council.

(3) Approve or disapprove all documents necessary for the promotion of Gaming

within the jurisdiction boundaries of Tribal Lands.

(4) Issue and renew gaming licenses for the conduct of Class II Gaming and

Class Ill Gaming activity on Tribal Lands.

(5) Issue and renew gaming licenses for the conduct of Class It Gaming and

Class III Gaming activity on Tribal Lands upon such terms and conditions which may be

provided for in a Tribal-State Compact.

(6) Enforce and administer the provisions of this Ordinance and any regulations

promulgated by the Tribal Gaming Commission.

(7) Revoke, suspend or condition a gaming license, or deny an application for

a gaming license for violations of this Ordinance, the Act, regulations promulgated by the

National Indian Gaming Commission, and regulations promulgated by the Tribal Gaming

Commission.

(8) Promulgate regulations regarding Class II Gaming and Class lit Gaming on

Tribal Lands.

(9) Approve or disapprove the annual operating budget of a tribal Manager,

including Equipment Costs for the replacement or necessary upgrading of Equipment, and

approve budget modifications;

15
(10) Submit an annual budget from the Tribal Gaming Commission to the Pawnee

Business Council for approval.

(II) Negotiate and approve Management Contracts, and submit proposed

Management Contracts for specific Gaming Operations to the Pawnee Business Council

and to the National Indian Gaming Commission for approval.

(12) Monitor all Gaming conducted on Tribal Lands and oversee the conduct of

the management and employees of Gaming Operations on a continuing basis.

(13) Inspect and examine all Gaming Sites and Gaming Facilities on Tribal Land

at such times as the Tribal Gaming Commission or the Pawnee Business Council may

deem proper to determine and verify compliance with this Ordinance and any Management

Contract.

(14) Conduct or cause to be conducted such background investigations as may

be necessary and advisable or required by this Ordinance and the Act, and, in particular,

conduct thorough checks of the background and suitability of Tribal Managers,

Management Contractors, Primary Management Officials, and Key Employees.

(15) Demand access to and inspect, examine, photocopy, and audit all papers,

books, and records respecting Gross Gaming Receipts, Operating Expenses and

Revenues, and operations of Gaming Operations conducted on Tribal Lands and any other

matters necessary to carry out the duties of the Tribal Gaming Commission pursuant to this

Ordinance.

(16) Use such Tribal buildings and other property in the performance of its duties

as shall be approved by the Pawnee Business Council or the Tribal agency having

jurisdiction or use of said buildings or other property.

(17) Procure supplies, services, and property by contract in accordance with

applicable Tribal laws and regulations.

(18) Enter into contracts with Federal or other Tribal governments or their

subdivisions and private entities for activities necessary to the discharge of the duties of

the Tribal Gaming Càmmission, and, to the extent feasible, contract with the National

Indian Gaming Commission for the responsibility to enforce the regulations of the National

Indian Gaming Commission.

(19) Hold such hearings, sit and act at such times and places, take such

testimony, and receive such evidence as the Tribal Gaming Commission deems

appropriate.

(20) Administer or cause to be administered oaths or affirmations to witnesses

appearing before the Tribal Gaming Commission.

16
(21) Order, the temporary or permanent closing of a Gaming Operation upon a

violation of this Ordinance, any regulations promulgated hereunder, any Management

Contract, the Act, or other applicable laws of the Tribe, with any such order for permanent

closure being appealable upon the record directly to a Tribal Court of competent

jurisdiction.

(22) By majority vote, authorize the Chairman of the Tribal Gaming Commission

to issue, or cause to be issued, subpoenas, which subpoenas shall be of like effect as

issued by a Tribal Court of competent jurisdiction.

(23) Promulgate such regulations and guidelines as it deems appropriate to

implement the provisions of this Ordinance, and to provide for its own rules of procedure,

provided that all such rules and regulations shall be filed with the Tribal Secretary and

shall be public records open to inspection by any person during normal business hours.

(24) Conduct or cause to be conduced the annual audit of all Gaming Operations

required by § 2.2 of this Title, and to report the results to the Pawnee Business Council

and the National Indian Gaming Commission.

(25) Approve, issue, disapprove, suspend, cancel, or renew licenses as provided

in this Ordinance.

(26) Collect fees and assessments as provided for in this Ordinance.

(27) Levy and collect civil penalties and fines as provided for in this Ordinance.

(28) Review, on demand, such books and records and inspect the Gaming

Facilities and operations of applicants and licensees as it deems necessary or proper for

the enforcement of this Ordinance.

(29) Prepare~ such forms as it deems necessary to fulfill its duties, responsibilities

and powers hereunder.

(30) Institute such legal proceedings in Tribal Court(s) as it deems necessary for

the enforcement of this Ordinance and regulations promulgated thereunder.

(31) Conduct hearings as provided in this Ordinance and regulations promulgated

hereunder.

(32) Deposit all payments, fees, assessments, penalties, interest, and civil fines

collected under authority of this Ordinance into accounts designated by the Tribal Gaming

Commission to the credit of the Tribe.

(33) Maintain a correct and full accounting of all payments, fees, penalties,

interest, and civil fines received under authority of this Ordinance.

17
(34) Take such other actions and issue such orders as the Tribal Gaming

Commission may deem necessary or proper to perform properly and fully its duties and

responsibilities under this Ordinance.

Section 3.8 REPORTS

The Tribal Gaming Commission shall submit a report, including the views of individual

members, if submitted, to the Council on a quarterly basis each calendar year. The report

shall include information concerning:

(1) funding, including income and expenses, of the Tribal Gaming Commission;

(2) Net Revenue received by the Tribe from Gaming Operations;

(3) recommendations for amendments to this Ordinance;

(4) a summary of gaming licenses issued and denied by type during the

preceding quarterly reporting period; and

(5) any other matter considered appropriate by the Tribal Gaming Commission.

Section 3.9 STAFFING OF TRIBAL GAMING COMMISSION

(1) General Counsel

The Tribal Gaming Commission shall designate an Oklahoma licensed attorney to

act as General Counsel to the Tribal Gaming Commission

(2) Other Staff

The Tribal Gaming Commission may appoint and supervise other staff for the Tribal

Gaming Commission in accordance with the personnel policies of the Tribe, at such rates

of pay as shall be reflected in the budget of the Tribal Gaming Commission as approved

by the Council, PROVIDED that no Person may be appointed to the staff of the Tribal

Gaming Commission who is a Relative of a member of the Tribal Gaming Commission, or

a Tribal Manager, Management Contractor, Primary Management Official, Key Employee,

or a member of the Pawnee Business Council.

(3) Assignment of Other Personnel

The Tribal Gaming Commission may request the assignment of personnel to assist

the Tribal Gaming Commission in carrying out its duties under this Ordinance, unless

18
otherwise prohibited by law or contract, and as authorized by the Program Director,

Executive Director and/or Personnel Director.

Section 3.10 ACCESS TO INFORMATION

(1) General Authorization

The Tribal Gaming Commission may secure from any department or agency of the

Tribal government, and from cooperating agencies or departments of the government of

any Indian Tribe, any State, or the United States of America information necessary to

enable it to carry out its function hereunder. Upon request of the Tribal Gaming

Commission, the head of any department or agency of the Tribe shall furnish such

information to the Tribal Gaming Commission unless otherwise prohibited by law.

(2) Distribution

The Tribal Gaming Commission is authorized, upon request for law enforcement

purposes or as required by law, to distribute to the National Indian Gaming Commission,

and any agency of another federally recognized tribe or state having authority to regulate

gaming or prosecute offenders for violations of the appropriate gaming laws within the

jurisdiction of such tribe or state, such information as it may have available, unless

otherwise prohibited by law.

Section 3.11 ASSESSMENT OF FEES

(1) Authorization

The Tribal Gaming Commission shall, from time to time, promulgate regulations

establishing a schedule of fees to be paid annually by each Tribal Manager or

Management Contractor operating a Gaming Facility that is regulated by this Title, and

shall review said schedule annually during its budget process. The rate of fees imposed

under this Section shall be:

(a) no less than 0.5 percent nor more than 2.5 percent of the first One

Million Dollars ($1 ,000,000) of the Gross Receipts, and

(b) no more than 5 percent of the Gross Receipts in excess of the first

One Million Dollars of the Gross Receipts from each entity regulated by this Ordinance.

(2) Non-Payment

Failure to pay the appropriate fees required under any provision of this Ordinance

shall, subject to the regulations of the Tribal Gaming Commission, be grounds for

revocation or suspension of the license of the nonpaying Person.

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(3) Credit

To the extent that fee revenue derived from license fees imposed under the

schedule established by this Section is not expended or committed at the close of any

fiscal year, such surplus funds shall be credited to each Person who paid fees during that

year pro rated against such fees imposed for the succeeding year.

Section 3.12 JUDICIAL REVIEW

(1) Scope and Procedure

The decisions of the Tribal Gaming Commission denying, suspending, or revoking

a license, or ordering permanent closure of a Gaming Operation or Gaming, shall be

subject to judicial review in a suit, in the Tribal Court only, naming the Tribal Gaming

Commission as the sole defendant notwithstanding Tribal sovereign immunity. The Tribal

Court may enter declaratory and injunctive relief only against the Tribal Gaming

Commission and may not enter a money damage judgment of any nature, PROVIDED, that

the limited waiver of immunity herein contained is conditioned upon the plaintiff in such

action posting a bond with good and sufficient sureties in an amount not less than Twenty

Thousand and No/I 00 Dollars ($20,000) to be increased by the Court for cause shown,

for the payment of the attorneys fees and court costs incurred by the Tribal Gaming

Commission which costs and fees shall be awarded by the Tribal Court as a part of any

judgment or decree; and PROVIDED FURTHER, that no temporary restraining order may

be issued under any circumstances and no preliminary injunction may be issued in favor

of such plaintiff absent a clear showing upon hearing of testimony and other evidence that:

(a) the plaintiff is likely to prevail upon the law and facts, and the evidence

in favor of plaintiff is clear and convincing;

(b) that the public health, welfare, and safety will not be harmed by such

temporary relief;

(c) that the balance of equity is strongly in favor or such plaintiff;

(d) the plaintiff will suffer irreparable harm absent such temporary relief

other than simply loss of profits or fees; and

(e) at least forty-eight (48) hours notice is given to the counsel appointed

by the Tribal Gaming Commission.

(2) Immunity

The individuai members of the Tribal Gaming Commission shall be absolutely

immune from civil suit in all actions at law or in equity for any actions taken or statements

20
made within the scope of their authority as members of the Tribal Gaming Commission, or

in a good faith belief that their actions or statements were within the scope of their

authority. The Pawnee Tribe of Oklahoma may defend and indemnify the individual

members against any civil suit, even if the civil suit alleges actions outside the scope of

authority; PROVIDED, however, that if a final judgment determines that actions were, in

fact, outside the scope of authority, with no good faith belief that they were otherwise then

the costs of defense may be determined by the Tribal Court.

Section 3.13 SUBPOENA AND DEPOSITION AUTHORITY

(1) Authority

The Tribal Gaming Commission shall have the power to require or cause to be

required by subpoena the attendance and testimony of witnesses and the. production of

all books, papers, documents, and things relating to any matter under consideration of

investigation.

(2) Enforcement Power

The attendance of witnesses and the production of books, papers, and documents,

may be required from any place in the United States at any designated place of hearing.

The Tribal Gaming Commission may request the National Indian Gaming Commission to

bring appropriate action to enforce any subpoena under this Section.

(3) Failure to Appear or Comply

A Tribal Court, in case of contumacy or refusal to obey a subpoena for any reason,

may issue an order requiring such person to appear before the Tribal Gaming

Commission, and produce books, papers, documents, or things as so ordered, and give

evidence concerning the matter in question, any failure to obey such order of a Tribal

Court may be punished by the Tribal Court as a contempt thereof.

(4) Depositions

The Tribal Gaming Commission may order, or cause to be ordered, testimony to be

taken by deposition in any proceeding or investigation pending before the Tribal Gaming

Commission at any stage of such proceeding or investigation. Such depositions may be

taken before any person designated by the Tribal Gaming Commission and having the

power to administer oaths. Reasonable notice must first be given to the Tribal Gaming

Commission in writing by the party or his attorney proposing to take such deposition, and,

in cases in which the Tribal Gaming Commission proposes to take a deposition,

reasonable notice must be given. The notice shall state the name of the witness and the

time and place of the taking of his deposition. Any person may be compelled to appear

and depose, and to produce books, papers, documents, or things in the same manner as

21
witnesses may be compelled to appear and testify and produce like physical or

documentary evidence before the Tribal Gaming Commission as hereinbefore provided.

(5) Transôription

Every person deposing as herein provided shall be cautioned and shall be required

to swear or affirm to testify to the whole truth, and shall be carefully examined. The

persons testimony shall be reduced to writing where possibly by the person taking the

deposition, or under his direction, and shall, after it has been reduced to writing, be

subscribed by the deponent in the same manner as depositions in civil cases. All

deposition shall be promptly filed with the Tribal Gaming Commission.

(6) Presumptions

Where any current or proposed Tribal Manager, Management Contractor or

licensee, or a Primary Management Employee, Key Employee, or other employee or

Relative of a potential licensee or current licensee fails or refuses to comply with a

subpoena issued, pursuant to this Section, the Tribal Gaming Commission pay presume

that the testimony and evidence which would have been presented to the Tribal Gaming

Commission would be adverse to the interests of the current or potential license in the

matter under investigation.

Section 3.14 REFERRALS FOR PROSECUTION

The Tribal Gaming Commission shall, when information received during an investigation

indicates a violation of Tribal, Federal, or State statutes, ordinances, or resolutions,

provide such information to the appropriate law enforcement officials. The Tribal Gaming

Commission may from time to time appoint counsel as a special Tribal Prosecutor for the

purposes of investigating activities associated with gaming authorized by this Ordinance

which may be a violation of Tribal Law.

Section 3.15 AUTHORIZATION FOR APPROPRIATIONS

There are hereby authorized to be appropriated such sums as may be necessary for the

operation of the Tribal Gaming Commission.

22
ARTICLE IV

GAMING LICENSE REQUIREMENTS

Section 4.1 LICENSE FOR LOCATION

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

location conducting Class II and/or Class III Gaming Operations.

Section 4.2 TYPES OF LICENSES TO BE ISSUED

(1) Third Party Management

The Tribal Gaming Commission shall issue the following licenses with respect to

Gaming Operations operated by a Management Contractor under a Management Contract

or by an individual operator and each license shall be valid for a term of one (1) year

commencing from the date the license is issued.

(a) Gaming Facility License

(b) Management Contractors License

(C) Primary Management Official License

(d) Gaming Manager License

(e) Key Employee License

(f) General Employee License

(2) Tribal Management

The Tribal Gaming Commission shall issue the following licenses with respect to

Tribal Gaming Operations owned and operated directly by the Tribe and each license shall

be valid for a term of one (1) year commencing from the date the license is issued:

(a) Gaming Facility License

(b) Primary Management Official License

(c) Gaming Manager License

23
(d) Key Employee License

(e) General Employee License

Section 4.3 LICENSE FEES

(1) Fees for Third Party Operations

For Gaming Operations to be conducted by a Manager Contractor pursuant to a

Management Agreement, the Management Contractor shall tender the following fees to

the Tribal Gaming Commission at the time application is made for a license:

(a) Gaming Facility License $3,000.00

(b) Management Contractors License 2,500.00

(c) Primary Management Official License 1,000.00

(d) Gaming Manager License 1,000.00

(e) Key Employee License 750.00

(f) General Employee License 150.00

(2) Fees for Facilities Operated by Tribe

License fees for Tribal owned and operated Gaming Facilities shall be:

(a) Gaming Facility $ 20.00

(b) Primary Management Official License 50.00

(c) Gaming Manager License 50.00

(d) Key Employee License 20.00

(e) General Employee License 15.00

24
ARTICLE V

LICENSE APPLICATION PROCEDURE

Section 5.1 APPLICATION FORMS

(1) Each Person having a Management Contract, each Primary Management

Official and each Key Employee shall complete an application for an initial license or

renewal of an existing gaming license for each Gaming Operation on an application form

prescribed by the Tribal Gaming Commission. Each gaming license or renewal license

shall be valid for a term of one (1) year commencing from the date the license is issued.

The application shall set forth:

(a) the name under which the applicant transacts or intends to transact

business on Tribal Lands;

(b) the location of the Gaming Facility for which the gaming license is

sought; and

(C) the application shall be signed by the applicant if a natural person, or,

in the case of an association or partnership, by a member or partner thereof, or in the case

of a limited liability company, by a manager thereof, or in the case of a corporation, by an

executive officer thereof. The applicant shall provide evidence of authority of the signatory

or any other representative to act for and bind the applicant. If any change is made in that

authority, the Tribal Gaming Commission shall be immediately informed in writing and, until

that information is filed with the Tribal Gaming Commission, any action of the

representative shall be presumed to be that of the applicant.

Section 5.2 SUBMISSIONS WITH APPLICATIONS

(1) Minimum Requirements for Natural Persons

All individuals to be licensed in any capacity shall submit at a minimum:

(a) a complete personal resume, on a form to be developed by the Tribal

Gaming Commission;

(b) a statement whether the applicant is a member, or a Relative of a

member, of the governing body of the Tribe, any other constitutional or statutory agency

or body of the Tribe, or an employee of the Tribe;

25
(c) whether the individual has been convicted of any felony, gaming

offense, or offense involving moral turpitude;

(d) all prior experience or contact with Indian gaming enterprises in any

capacity, and the gaming industry generally, including specifically the name, address, and

telephone number of any regulatory or licensing agency having jurisdiction over or records

of such prior actions;

(e) any previous contact the applicant has had with persons involved in

organized crime; and

(f) a complete financial statement showing assets, liabilities, net worth,

all debts owed and, including specifically, any financial agreements made relative to the

Gaming Operation with any person.

(2) Minimum Requirements for Business Entities

Each business entity seeking to be licensed in any capacity shall submit the

following minimum information with its license application:

(a) a complete statement as to the form of the organizational and

governing documents and the name, address, and telephone number of the governmental

authority having copies of such records on file or responsible for oversight of the

organization;

(b) a complete certified copy of the entitys minute book(s), records

relating to ownership, governance, and management of the entity, and a complete list of

all owners of equity interests in the entity or other interests convertible to equity interests;

(C) the entitys federal tax identification number;

(d) the address and telephone number of all places which it has or does

conduct its business, and the name, address, and telephone number of its service agent,

if any;

(e) a statement as to whether any Primary Management Official or Key

Employee of the business entity is a member, or Relative of a member, of the governing

body of the Tribe, any other Constitutional or statutory agency or body of the Tribe, or a

tribal employee;

(f) a statement as to whether the business entity, or any Primary

Management Official of Key Employee of the organization, has been convicted of any

felony, gaming offense, or offense involving moral turpitude;

26
(g) a statement setting forth all prior experiences or contact of the

business entity, its Primary Management Officials and Key Employees with Indian gaming

enterprises in any capacity, and the gaming industry generally, including specifically, the

name, address, and telephone number of any regulatory or licensing agency having

jurisdiction over or records of such prior activities;

(h) a statement describing any previous contact that the business entity,

its Primary Management Officials and Key employees have had with persons involved with

organized crime;

(I) a complete statement as to prior arrests, convictions, and civil suits,

whether as plaintiff or defendant, involving the business entity, its Primary Management

Officials and Key Employees, including the name of the Court, the style and number of the

case, a description of the claims by each of the parties, and the outcome. Whenever

possible, the final judgment, and any opinion, if available, of the Court should be attached

to the application;

(j) a complete list of every other organization with which the business

entity is affiliated, including without limitation, a parent, subsidiary, owner of equity

interests sufficient to name one person to a managing entity, organizations with which the

applicant has at lease one common director, officer, Primary Management Official, or Key

Employee even though the individuals status may not be the same in both organizations;

and

(k) a description of the safeguards the organization has in place to

prevent any person from becoming a Primary Management Official or Key Employee of

said organization without first obtaining a license from the Tribal Gaming Commission.

(3) Additional Information Required of a Management Contractor

The following additional information shall be submitted with an application for a

Management Contractor license:

(a) an organization chart of the proposed management organization and

job description of the employees of the proposed Gaming Operation. The chart shall

identify which employees are or will be Primary Management Officials and the Key

Employees of the Gaming Operation;

(b) a statement describing all other prior and current management

contracts the Management Contractor has providing for the operation of any Indian or non

Indian gaming location and, if so, the description of the location and the name, address,

and telephone number of the party with whom such contract was entered;

27
(c) a list of all jurisdictions in Which the Management Contractor regularly

conducts business or maintains an office or other place of business; and

(d) all other information required by 25 U.S.C § 2711 and 25 C.F.R. §

537.1.

(4) Gaming Facility License

Applications for a Gaming Facility license must contain at a minimum:

(a) a complete legal description of the Gaming Site, including evidence

that the Gaming Site is within the territorial jurisdiction of the Tribe and qualifies as Indian

Land;

(b) a complete and accurate description of the Gaming Facility, including

where possible, blue prints, drawings, floor pans, including square footage, utility services,

waste services, parking plans, and photographs (or renderings for a facility to be

constructed);

(c) evidence that the proposed Gaming Facility complies with national

building and fire codes; and

(d) evidence that the proposed Gaming Facility is insurable against fire

and other hazards, and that liability insurance may be obtained to protect the public from

hazards which may exist in or around the proposed Gaming Facility.

(5) Verification

Every application for a license shall be verified under oath of affirmation.

Section 5.3 NOTICE FEATURES

(1) Privacy Act Notice

The following notice shall be placed on the application form of 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 ~. S.C. § 2701 et seq. The purpose of the requested

information is to determine the eligibility of individuals to be employed

in a gaming operation. The information will be used by National

28
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 or

civil, criminal or regulatory investigations or prosecutions or when

pursuant to a requirement by a tribe or the National Indian Gaming

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

issuance or revocation of a gaming license, or investigations of

activities while associated with a tribe or a gaming operation. Failure

to consent to the disclosures indicated in this notice will result in a

tribe being unable to hire you in a primary management official or key

employee position.

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

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

your application.

Existing Key Employees and Primary Management Officials, if any, shall be notified

in writing that they shall either:

(a) complete a new application form that contains a Privacy Act notice;

or

(b) sign a statement that contains the Privacy Act notice and consent to

the routine uses described in that notice.

(2) Notice of Consequences of False Statement

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

Primary Management 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).

The Tribal Gaming Commission shall notify existing Key Employees and Primary

Management Officials, if any, that they shall either:

(a) complete a new application form that contains a notice regarding false

statements; or

(b) sign a statement that contains the notice regarding false statements.

29
Section 5.4 PAYMENT OF APPLICATION FEE

Each application shall be accompanied by payment of an application fee established by

the Tribal Gaming Commission which shall include the cost of the background

investigation conducted pursuant to Article VI.

Section 5.5 DESCRIPTION ON APPLICATION

An application for a gaming license shall include a description of the pace, facility, or

location on Tribal Lands where the applicant will operate a Gaming Operation or where the

applicant will be employed.

Section 5.6 MANNER OF FILING INSTRUMENTS WITH TRIBAL GAMING

COMMISSION

Any application, affidavit, return, report, fee, or other instrument, or payment required to

be filed with, delivered to, or served upon the Tribal Gaming Commission by this

Ordinance shall be deemed to be properly filed, delivered, or served, as the case may be,

if it is filed, delivered or served upon the Chairman of the Tribal Gaming Commission at

the Pawnee Tribal Reserve, or such Tribal employee at the Pawnee Tribal Reserve as the

Tribal Gaming Commission shall designate in writing.

30
ARTICLE VI

BACKGROUND INVESTIGATIONS

Section 6.1 GENERAL

Upon receipt of any application forms submitted by a Management Contractor, the Tribal

Gaming Commission shall conduct, or cause to be conducted, a background investigation

of the Management Contractor and each applicant for a position who is designated as a

Key Employee or Primary Management Official. The Tribal Gaming Commission shall

keep confidential the identity of each person interviewed in the course of the investigation.

Section 6.2 AUTHORITY

The Tribal Gaming Commission shall have the authority to contract with private

investigative agencies licensed under the laws of any state to conduct the required

background investigations. All such investigative agencies employed by the Tribal Gaming

Commission shall have appropriate experience in investigative techniques in the subject

matter of the specific area of inquiry for which they are retained.

Section 6.3 FINGERPRINTING

The Tribal Gaming Commission shall obtain or cause to be obtained a current set of

fingerprints on each person for whom background investigations are required, using forms

supplied by the National Indian Gaming Commission, which shall be referred to the

Federal Bureau of Investigation (FBI) Fingerprint Identification Division. The Tribal

Gaming Commission shall refer applicants for fingerprinting to the Pawnee Nation Law

Enforcement Department. The Pawnee Nation Law Enforcement Department will take

fingerprints pursuant to 25 C.F.R. § 522.2(h) and forward the completed forms to the Tribal

Gaming Commission.

Section 6.4 INVESTIGATIVE PROCEDURES

Minimum background investigative procedures shall include the following:

(1) Verify by written or oral communication the information submitted by

applicant. Such information will include all of the following:

(a) full name, other names used (oral or written), social security

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

31 
(b) currently, and for the previous ten (10) years, the business and

employment positions held, ownership interests in those business addresses, residence

addresses since age eighteen (18), and drivers license numbers;

(C) the names and current addresses of at least five (5) personal

references, including one personal reference who was acquainted with the applicant

during the most recent period of residence listed under paragraph (b) of this Section;

(d) current business and residence telephone numbers;

(e) a description of any existing and previous business relationships with

the Indian Tribes, including ownership interests in those businesses;

(f) a description of any existing and previous business relationships with

the gaming industry generally, including ownership interests in those businesses;

(g) the name and address of any licensing or regulatory agency with

which the person has filed as application for a license or permit related to gaming, whether

or not such license or permit was granted;

(h) for each felony for which there is an ongoing prosecution or a

conviction, the charge, the name and address of the court involved, the date, and

disposition, if any;

(i) for each misdemeanor conviction or misdemeanor prosecution

(excluding minor traffic violations) within ten (10) years of the date of the application, the

name and address of the court involved, 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 ten (10) years of the date of the

application and is not otherwise listed pursuant to Paragraphs (h) or (i) of this Section, the

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

(k) the name and address of any licensing or regulatory agency with

which the applicant has filed an application for an occupational license or permit, whether

or not such license or permit was granted;

(I) a current photograph;

(m) copies of the applicants federal income tax returns for the prior three

(3) years;

(n) fingerprints consistent with procedures adopted by the Tribal Gaming

Commission according to 25 C.F.R. § 522.2(h), and

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(o) any other information the Tribal Gaming Commission deems relevant.

(2) Inquire into the applicants prior activities, criminal record, if any, and

reputation, habits and associations; interview a sufficient number of knowledgeable people

such as former and current employers, business associates, personal references, and

others to whom referred in order to provide a basis for the Tribal Gaming Commission to

make a finding concerning the eligibility for employment in a gaming operation.

(3) Inquire into state and local law enforcement agencies, business registration

and licensing agencies, and taxing authorities for purposes of conducting inquiry and

investigation of the twthfulness and accuracy of all information required for each applicant.

(4) Submit, in duplicate, detailed written reports to the Tribal Gaming

Commission disclosing the results of the background inquiry, designating areas of inquiry

for which incomplete information exists following diligent efforts customary for the subject

matter of the particular inquiry, and the disposition of all potential problem areas noted and

disqualifying information obtained.

Section 6~5 ELIGIBILITY DETERMINATION

(1) Review

The Tribal Gaming Commission shall promptly review all investigative reports

concerning an applicant at a meeting specifically called for such purpose and as the sole

agenda item.

(2) Criteria

The Tribal Gaming Commission shall ensure that any Person involved with the

conduct of gaming activities is a person of good character, honesty, and integrity.

(3) Findings

The Tribal Gaming Commission shall review the investigative reports covering a

Persons prior activities, criminal records, if any, and business affairs, reputation, habits,

and associations to make a finding concerning the eligibility of such person for

employment in the Gaming Operation. If the Tribal Gaming Commission determines that

employment of the person poses a threat to the public interest, or the Tribal interest, or to

the effective regulation and control of Gaming, or creates or enhances the dangers of

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

or the carrying on of related business and financial arrangements incidental to the conduct

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of gaming, the Gaming Operation shall remove such person from all association with

gaming operations.

Section 6.6 PROCEDURES FOR FORWARDING APPLICATIONS AND

REPORTS FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT

OFFICIALS TO THE NATIONAL INDIAN GAMING COMMISSION

(1) When a Key Employee or Primary Management Official begins work at a

Gaming Operation aUthorized by this Ordinance, the Tribal Gaming Commission shall

forward to the National Indian Gaming Commission a completed application for

employment and conduct the background investigation and make the determination

referred to in Section 6.5.

(2) The Tribal Gaming Commission shall forward the report referred to in Section

6.5 to the National Indian Gaming Commission within sixty (60) days after an employee

begins work or within sixty (60) days of the approval of this Ordinance by the Chairman of

the National Indian Gaming Commission.

(3) The Gaming Operation shall not employ as a Key Employee or Primary

Management Official a person who does not have a license after ninety (90) days.

Section 6.7 REPORT TO THE NATIONAL INDIAN GAMING COMMISSION

(1) Investigative Report

Pursuant to the procedures set out in Section 6.6 of this Ordinance, the Tribal

Gaming Commission shall prepare and forward to the National Indian Gaming Commission

an investigative report on each background investigation. An investigative report shall

include all of the following:

(a) steps taken in conducting the background investigation;

(b) results obtained;

(c) conclusions reached; and

(d) the basis for those conclusions.

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(2) Eligibility Finds

The Tribal Gaming Commission shall submit to the National Indian Gaming

Commission the investigative report on the background investigation along with a copy of

the eligibility determination made under Section 6.5, and shall update such information at

any time that changes occur in prior submissions so as to allow complete background

investigations.

(3) Notification of Non-Licensing Decision

If a license is not issued to an applicant, the Tribal Gaming Commission shall:

(a) notify the National Indian Gaming Commission; and

(b) forward copies of its eligibility determination and investigative report,

if any, to the National Indian Gaming Commission for inclusion in the Indian Gaming

Individual Records System.

(4) Record Keeping

With respect to Key Employees and Primary Management Officials, the Tribe 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.

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ARTICLE VII

ISSUANCE OF LICENSES, RENEWAL, SUSPENSION

Section 7.1 GENERAL

(1) Notification to National Indian Gaming Commission

Whenever it appears to the Tribal Gaming Commission that a proposed license

would be consistent with the Act, this Ordinance, and the public interest, it may issue the

requested license after thirty (30) days notice of intent to issue the license to the National

Indian Gaming Chairman, unless during the notice period, the Tribal Gaming Commission

is directed by the National Indian Gaming Commission to delay issuance of the license for

further investigation. It shall be a condition of the license that the licensee or the

proponent of the license notify the Tribal Gaming Commission in writing within three (3)

business days of any event which would change any of the answers or information

submitted with a license application.

(2) Issuance of License

If, within a thirty (30) day period after the National Indian Gaming Commission

notifies the Tribal Gaming 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 Tribal Gaming Commission has provided an application and

investigative report to the National Indian Gaming Commission, the Tribal Gaming

Commission may issue a license to such applicant.

(3) Providing Additional Information

The Tribal Gaming Commission shall respond to a request for additional information

from the Chairman of the National Indian Gaming Commission concerning a Key Employee

or a Primary Management Official who is the subject of a report. Such a report shall

suspend a thirty (30) day period under Section 7.1(1) until the National Indian Gaming

Chairman receives the additional information.

(4) Objections by National Indian Gaming Commission

If, within the thirty (30) day period described above, the National Indian Gaming

Commission provides the Tribal Gaming 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 Tribal Gaming Commission has provided an application and investigative report

to the National Indian Gaming Commission, the Tribal Gaming Commission shall

reconsider the application, taking into account the objections itemized by the National

Indian Gaming Commission. The Tribal Gaming Commission shall make the final decision

whether to issue a license to such applicant.

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(5) Ineligible Persons

The Tribal Gaming Commission may issue or renew a gaming license to an

applicant who submits a proper and completed application and pays the appropriate

annual fee, provided that no license shall be issued to or renewed for an applicant:

(a) who is a member of the Pawnee Business Council;

(b) who is not a person of good character, honesty, and integrity;

(C) has knowingly and willfully provided materially false statements or

information to the Tribal Gaming Commission pursuant to the Act or this Ordinance, or has

refused to respond to a subpoena issued pursuant to this Ordinance;

(d) who is not found by the Tribal Gaming Commission to be eligible for

employment under the criteria of Section 6.5;

(e) who has had or who is in privity with anyone who has had a gaming

license revoked for cause in any jurisdiction;

(f) who is delinquent in the payment of any obligation owed to the Tribe,

the Tribal Gaming Commission pursuant to this Ordinance, any regulations that the Tribal

Gaming Commission has or may adopt, or a Management Contract; or

(g) who has failed to comply with the Act, regulations of the National

Indian Gaming Commission, this Ordinance, or any regulation that the Tribal Gaming

Commission has or may adopt.

Section 7.2 VALIDITY

Each gaming license shall be valid for a term of one (1) year commencing from the date

the license is issued.

Section 7.3 ASSIGNMENT, TRANSFER, DISPLAY

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

Person in which it is issued and at the Gaming Facility for which it is issued. A gaming

license shall be conspicuously displayed at all times at the Gaming Facility for which it is

issued.

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Section 7.4 NO CLASS III GAMING LICENSE

Until authorized by a Tribal-State Compact, no gaming license shall be issued for any

Class Ill gaming.

Section 7.5 LICENSE SUSPENSION

(1) Grounds for Revocation

If, after the issuance of a gaming license, the Tribal Gaming Commission receives

from the National Indian Gaming Commission, or any other source, reliable information

indicating that a Key Employee or a Primary Management Official is not eligible for

employment, the Tribal Gaming Commission shall suspend such license and shall notify

in writing the license of the suspension and the proposed revocation.

(2) Notice and Hearing

The Tribal Gaming Commission shall notify the licensee of a time and place for a

hearing on the proposed revocation of a license.

(3) Notification to National

After a revocation hearing, the Tribal Gaming Commission shall decide to revoke

or to reinstate a gaming license. The Tribal Gaming Commission shaU notify the National

Indian Gaming Commission of its decision.

Section 7.6 RENEWALS

(1) Procedure

Every license shall be renewable upon request in such form as the Tribal Gaming

Commission shall, by regulation, determine, provided that the renewal request shall

specifically identify any changes in the renewal applicants original license application or

renewal license application, as the case may be, since the issuance of the license being

renewed.

(2) Renewal Fee

The renewal applicant shall pay a license renewal fee established by the Tribal

Gaming Commission and in accordance with the Pawnee Nation Tax Code.

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(3) Expiration

Each renewed gaming license shall be valid for a term of one (1) year commencing

from the date the license renewal is issued.

Section 7.7 NO PROPERTY RIGHTS IN LICENSES

No applicant for or holder of a license shall be deemed to have acquired any property right

in any license required hereunder for gaming operations. All such licenses are intended

solely for purposes of the Tribe exercising its required regulation of Gaming. The decision

to issue, refuse to issue, suspend, or revoke a license is solely a matter of the exercise of

the Tribes regulatory authority and within the discretion of the Tribal Gaming Commission,

subject to the notice and hearing provisions specifically provided for herein, as applicable.

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ARTICLE VIII

TRIBAL GAMING

Section 8.1 ESTABLISHMENT OF TRIBAL OPERATED GAMING

OPERATION(S)

The Tribal Gaming Commission is hereby granted authority to establish, from time to time,

Tribal Gaming Operations(s). Within the Tribal Gaming Operation(s) shall be a body

corporate of the Tribe and shall have the authority to conduct Class It Games, Class Ill

Games, and sessions within the jurisdiction of the Tribe under the terms and conditions

herein or hereafter prescribed by law. Tribal Gaming Operations shall never issue any

capital stock.

Section 8.2 COMMENCING OPERATIONS

No Tribal Gaming Operation may begin operation except upon written resolution by the

Tribal Gaming Commission which stall provide for:

(1) The method of management.

(2) The particular Gaming Site upon which Games will be conducted.

(3) The beginning date.

Every such resolution shall be delivered promptly to the Tribal Gaming Commission.

Section 8.3 USE OF NET REVENUE

(1) Purpose

The portion of the Revenue belonging to the Tribe as a result of any Tribal Gaming

Operation shall be used for the following purposes:

(a) To fund Tribal government operations and/or programs.

(b) To provide for the general welfare of the Tribe and its members.

(c) To promote Tribal economic development.

(d) To donate to charitable organizations.

(e) To help fund operations of local Tribal agencies.

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(2) Revenue Accounts

In order to adequately account for the portion of the Revenue belonging to the Tribe

as, a result of any Tribal Gaming Operation, the Secretary/Treasurer shall deposit all such

Revenue in a separate account, identified as such, and all such Revenue shall be

expended only upon authority of a Resolution appropriating such funds for one or more of

the purposes identified in subsection (1) of this Section 8.3.

(3) Per Capita Payments

No per capita payment of such Revenues may be made. If the Pawnee Business

Council subsequently elects to make per capita payments, it shall authorize such

payments only upon approval of a plan submitted to the Secretary of the United States

Department of Interior pursuant to 25 U.S.C. § 2710(b)(3).

Section 8.4 ADMINISTRATION AND REGULATIONS BY TRIBAL SUBDIVISION

Except for those gaming operations managed through Management Contractors, each

separate Tribal Gaming Operation shall be administered and regulated by the Tribal

Gaming Commission as provided for and to the extent of this Ordinance and any

regulations hereinafter adopted, the Act, and regulations of the National Indian Gaming

Commission. All Gaming Operations shall be subordinate agencies of the Tribe.

Section 8.5 DESIGNATION OF THE GAMING MANAGER

The Tribal Gaming Commission may appoint and employ one individual person for each

Tribal Gaming Operation who shall be designated the Tribal Manager of the particular

Gaming Facility. In order to enter into employment, a Tribal Manager must obtain a

Managers License from the Tribal Gaming Commission.

Section 8.6 POWERS AND MISCELLANEOUS PROVISION

Each Gaming Operation operated by the Tribe shall have the following powers which it

may exercise consistent with the purpose for which it is established:

(1) To have perpetual succession by its corporate name.

(2) To sue in its corporate name, and to be sued where sovereign immunity has

been expressly waived by Tribal law but only to the extent of such waiver.

41
(3) To have a corporate seal which may be altered at pleasure, and to use the

same by causing it, or a facsimile thereof, to be impressed or affixed or in any other

manner reproduced.

(4) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve,

use and otherwise deal in and with, real or personal property, or any interest therein,

wherever situated, when useful to its conduct of Games, provided that title to any real

property acquired by such corporation shall be taken in the name of the United States of

America in trust for the Tribe with the approval of the Secretary of the Interior. Such

acquisition shall be made with the prior notice to the Pawnee Business Council. At the

time of such acquisition, the Tribe shall lease or patent such real property to the Gaming

Operation for business purposes for a period not to exceed twenty-five (25) years with an

option to renew such lease or revocable patent for an additional period of twenty-five (25)

years or such other maximum period as may be authorized by Tribal law. The

consideration received for exercising the option for the additional twenty-five (25) year

term shall be the sum of One and No/I 00 Dollars ($1.00). The rights created by such

lease or patent shall be enforceable in the Tribal Court against the Tribe notwithstanding

the defense of sovereign immunity, and the lease or revocable patent shall be considered

a contract and property right which may not be abridged by the Tribe without just

compensation.

(5) To enter into agreements, contracts, and undertakings with any governmental

agency, Tribal, Federal, State or Local, or with any person, partnership, corporation, or

other legal entity, and to agree to any conditions attached to federal financial assistance.

(6) To make contracts and incur liabilities, borrow money at such rates of interest

as the Gaming Operation may determine not inconsistent with this Ordinance, issue its

notes, bonds, and other obligations, and secure any of its obligations by mortgages or

pledge of all or any of its property or investments (except the real property).

(7) To lease property from or to the Tribe and others for such periods as are

authorized by law, and to hold and manage the same. No subleasing shall be allowed.

(8) To pledge the assets, other than real property, as security for its contractual

obligations and to acquire, sell, lease, exchange, transfer or assign personal property or

any interest therein.

(9) To make rules and regulations regarding its activities pursuant to this

Ordinance as the Tribal Gaming Commission may deem necessary and desirable to

effectuate the powers granted by this Ordinance. PROVIDED, that all such rules and

regulations shall be filed for record in the Tribal Secretarys office and approved by the

Tribal Business Council prior to being given any force or effect.

(10) To purchase insurance from any stock or mutual company for any property

or against any risk or hazards, and the sovereign immunity of the Gaming Operation is

42
hereby waived to the limit of the scope and extend of such insurance as may be in force

as to any claim payable by such insurance.

(11) To invest such funds as are not required for immediate disbursements.

(12) To establish and maintain such bank accounts as may be necessary or

convenient, subject to audit by the Tribal Gaming Commission.

(13) To employ such officers as may be necessary or convenient, and to employ

technical and maintenance personnel and such other officers and employees, permanent

or temporary, as the Gaming Operation may require, to establish the conditions of their

employment, and to delegate to such officers and employees their powers of duties.

(14) To take such further actions, not inconsistent with this Ordinance, as are

commonly engaged in by public or corporate bodies of this character.

(15) To enter into partnerships, joint ventures, and other business arrangements

with any legal entity to effectuate the purposes of the Gaming Operation.

(16) To adopt such rules and regulations for the government of its internal affairs

as the Tribal Gaming Commission deems necessary or appropriate to administer or

enforce this Ordinance and its activities thereunder, PROVIDED, that all such rules and

regulations shall be filed for record Tribal Gaming Commission office and approved by the

Pawnee Business Council prior to being given any force or effect.

(17) To operate, manage, use, and control, including entering into leases as

hereinbefore provided, such real or personal property which the Pawnee Business Council

shall assign to its use.

(18) To use such name as may be approved by the Pawnee Business Council in

any of its business activities within or without the Tribal jurisdiction, and to incorporate or

hold stock in such other corporations as may be necessary or convenient.

(19) To exercise, in conformity with Tribal law, the power of eminent domain

excepting land or interest therein held by any other agency of the Tribe, in order to further

the purposes and powers expressed in this Ordinance.

(20) To operate Class Il and Class Ill Games in the manner provided for by this

Ordinance at a particular Gaming Facility and Gaming Site approved by the Pawnee

Business Council.

Section 8.7 DUTIES OF THE TRIBAL GAMING MANAGER

It shall be the duty of the Tribal Manager to manage and conduct all Class II and Class III

Games of a Tribal Gaming Operation in a fiduciary capacity to maximize the Revenues of

43
said operation, to cause to be prepared and submitted to the Pawnee Business Council

such reports as may be required by law, to account for all monies and property entrusted

to the Tribal Gaming Operation, to collect and pay over all taxes due the Tribe and all

assessments due the National Indian Gaming Commission and the Tribal Gaming

Commission, and to perform any other duties as may be required by law.

Section 8.8 SUPPLIES AND EQUIPMENT

Subject to the approval of the Pawnee Business Council, a Tribal Manager may incur such

expenses and purchase such Equipment as may be necessary for the conduct of the Tribal

Gaming Operation. All equipment purchases shall be the property of the Tribe.

Section 8.9 LOCATION OF GAMING SESSIONS

All games and sessions of Class II and Class Ill Gaming conducted by a Tribal Gaming

Operation shall be conducted at a Gaming Facility approved by the Tribal Gaming

Commission within the territorial jurisdiction of the Tribe for that Gaming Operation.

Section 8.10 REPORT OF WINNERS

The Tribal Manager shall file with the Secretary/Treasurer a list of each winner and

winners of any Class II and Class Ill Game at each session. The list shall be itemized by

session and game and shall include the name of the winner, the address of the winner, the

social security number of the winner, the amount of fair market value of the prize won, and

the method of identification from the drivers license or other acceptable identification of

the winner prior to issuing the prize to the winner. It shall be the duty of the Manager to

comply with 25 U.S.C. § 271 9(d).

Section 8.11 REPORT OF RECEIPTS AND DISBURSEMENTS

The Tribal Manager stiall file with the Secretary/Treasurer a verified report of all receipts

and disbursement of all funds relating to said Class II and Class Ill Games or sessions.

At the time of filing said report, the Manager shall deposit with the Secretary/Treasurer the

Revenues of the Gaming Operation for the reporting period. Such reports shall contain

an itemized list of all Gross Gaming Receipts from Class II and Class Ill Games conducted,

Concessions, and any and all other related activities. Such reports shall also contain an

itemized list of all disbursements including, but not limited to, Operating Costs, Equipment

Costs, Facility Costs:, materials, supplies, equipment furnished, and prizes paid. The

required reports shall be submitted on a frequently established pursuant to regulations

adopted from time to time by the Tribal Gaming Commission.

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Section 8.12 VERIFICATION OF REPORT

The Tribal Manager shalt verify the accuracy of each report submitted to the

Secretary/Treasurer.

Section 8.13 DEPOSIT OF MONIES

(1) Deposits With Secretary/Treasurer

The Tribal Manager shall deliver all monies received, less amount retained for petty

cash, the bank(s), and other cash funds approved by the Tribal Gaming Commission, on

a same day basis to the Secretary/Treasurer. The Secretary/Treasurer shall issue a

written receipt of said monies to the Tribal Manager.

(2) Accounts

The Secretary/Treasurer shall deposit all monies received from the Gaming

Operation in the special gaming account required by this Ordinance on a same day basis.

Section 8.14 NO TRIBAL LIABILITY

Neither the Tribe nor its officers, agents, or agencies, shall be responsible for the debts

or liabilities of any Gaming Operation, it being the intent that each Gaming Operation shall

be a corporate entity solely responsible (with its Management Contractor when provided

for by contract) for its own debts, torts, and other liabilities, and subject to suit in its own

name to the extent explicitly provided for by this Ordinance.

Section 8.15 APPROPRIATIONS FOR GAMING OPERATION

The Pawnee Business Council may appropriate such sums as may be necessary for the

function of the Gaming Operation based upon a written budget request submitted by the

Tribal Manager through the Secretary/Treasurer and approved by the Tribal Gaming

Commission. The Pawnee Business Council shall not be bound by any requested budget

when making such appropriations.

Section 8.16 EMPLOYEE GRIEVANCES

Any employee of a Tribal Gaming Operation aggrieved by a decision of the Manager with

respect to promotion, retention, termination, or violations of the Gaming Operations

45
personnel policies may appeal such decision to the Tribal Court naming the Tribal

Manager and the Gaming Operation as the sole defendants. In such cases, a Tribal Court

may grant declaratory and injunctive relief against the Tribal Manager or Gaming

Operation as may be appropriate.

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0

ARTICLE IX

MANAGEMENT CONTRACTS

Section 9.1 APPOINTMENT OF CONTRACTOR

(1) General Authority

In lieu of hiring and appointing a Tribal Manager for a particular authorized Gaming

Operation, the Tribal Gaming Commission may enter into a Management Contract with a

Management Contractor to provide for the renovation (if applicable), management and

administration of an existing Gaming Operation upon such terms and conditions not

inconsistent with the Act of this Ordinance as the Pawnee Business Council may deem

appropriate.

Additionally, the Tribal Gaming Commission may enter into a Management Contract

with a Management Cpntractor to provide for the development, construction, management

and administration of a proposed Gaming Facility not then in existence, upon such terms

and conditions not inconsistent with the Act or this Ordinance as the Pawnee Business

Council may deem appropriate.

(2) Proposals

The Tribal Gaming Commission is authorized to prepare and solicit requests for

proposals for competitive bids for the development, construction or renovation,

management and administration of:

(a) existing Gaming Operations operated by the Tribe;

(b) Gaming Operations at Gaming Facilities for which a Management

Contractor~s license has been revoked or not renewed; and

(c) proposed future Gaming Operations at a Gaming Facility to be

constructed at a Gaming Site to be selected.

Any such request for proposal shall be in form and content developed by the Tribal

Gaming Commission pursuant to regulations adopted by the Tribal Gaming Commission.

(3) Evaluation of Proposals

Bids in response to requests for proposals and proposals submitted without formal

requests for proposals shall be reviewed and evaluated by the Tribal Gaming Commission.

Costs, projected financial return to the Tribe, experience and technical expertise shall be

considered in determining the best bid or an acceptable proposal. The Tribal Gaming

47
0

Commission shall present its evaluation and recommendation in writing, which report shall

be a matter of public record.

(4) Application Fee

The Tribal Gaming Commission shall, from time to time, set an application fee

schedule in an amount not less than Fifty Thousand and No/i 00 Dollars ($50,000.00).

The application fee must be paid upon acceptance by the Tribal Gaming Commission of

a bid in response to a request for proposal or upon acceptance by the Tribal Gaming

Commission for review and evaluation of an unsolicited proposal from a proposed

Management Contractor. The Tribal Gaming Commission shall adopt regulations setting

forth criteria for determining the schedule of application fees and the circumstances under

which all or any part of the application fee shall be refundable. The application fee is

required to defray the direct and indirect costs to be incurred by the Tribal Gaming

Commission in reviewing, evaluating and negotiating the final terms and provisions of

Management Contract for a specific Gaming Operation at a specific Gaming Facility,

including without limitation, costs and expenses of employing independent third party

consultants, accountants, and counsel to assist in the review, evaluation and negotiation

process.

(5) Failure to Pay Application Fee

If the application fee required, pursuant to subsection (4) of this Section, is not

timely paid when due, any prior negotiations, correspondence, proposals, submissions,

and collateral agreements shall be of no force and effect and the proposed Management

Contractor shall have no claims, right, title and interest in any proposed Gaming

Operation.

(6) Prescribed Form of Management Contract

The Triba Gaming Commission shall adopt a model form of Management Contract

which shall be employed with all Gaming Operations to be conducted by a Management

Contractor. It shall be an express condition of the acceptance by the Tribal Gaming

Commission of any~ bid or unsolicited proposal for review and evaluation that the

Management Contractor agrees to the format and contents of the model form. The model

form shall be revised only to reflect specific terms set forth in an accepted bid under a

specific request for proposal or an accepted proposal submitted by any Person other than

by a request for proposal.

In developing and adopting a model form of Management Contract, the Tribal

Gaming Commission shall incorporate at a minimum the specific content required under

25 C.F.R. § 31.1. The Tribal Gaming Commission shall also consider and incorporate

such additional terms, provisions and requirements as are commercially reasonable and

customary for contracts of such scope and magnitude in private contractual arrangements

involving major land acquisition, site development, construction procedures and contracts,

48
is I

financing, including without limitation, assurances of marketability of title to land, survey

requirements, engineering studies, economic feasibility studies, and performance

standards.

Section 9.2 DUTIES OF A MANAGEMENT CONTRACTOR

It shall be the duty of a Management Contractor:

(1) To manage and conduct all Games of a Gaming Operation for which a

Management Contractor has management responsibility in a fiduciary capacity to maximize

the Revenues of said Gaming Operation, to cause to be prepared and submitted to the

Tribal Gaming Commission such reports as may be required by the Act, regulations of the

National Indian Gaming Commission, this Ordinance, and regulations adopted hereunder,

and the Management Contract, to account for all monies and property entrusted to the

Gaming Operation, to collect and pay over all taxes and fees due the Tribe, and all

assessments due the Tribal Gaming Commission, and to perform any other duties as may

be required by law or the Management Contract.

(2) To perform all the duties of a manager imposed by law.

Section 9.3 REQUIREMENTS FOR MANAGEMENT CONTRACTS

Every Management Contract of a Tribal Gaming Operation shall provide, at a minimum:

(1) for adequate accounting procedures that are maintained, and for verifiable

financial reports that are prepared, by or for the Tribal Gaming Commission on a monthly

basis;

(2) for access to the daily operations of the Gaming Operations to appropriate

representatives of the Tribal Gaming Commission, who shall also have a right to verify the

daily Gross Gaming Receipts and Income made from any such Tribal Gaming Operation;

(3) for a minimum guaranteed payment to the Tribe that has preference over the

retirement of Facility Costs and is payable to the Tribe regardless of the adequacy of

Revenues from the Gaming Operations;

(4) for an agreed ceiling for the repayment of Facility Costs;

(5) for a contract term not to exceed five (5) years, except that, upon the request

of the Tribe, the Chairman of the National Indian Gaming Commission may authorize a

contract term that exceeds five (5) years but does not exceed seven (7) years if the

Chairman is satisfied that the capital investment required and the income projections for

the particular gaming activity required the additional time;

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(6) for performance and payment bonds for any renovations to or construction

of Gaming Facilities and such other bonds or other surety as the Tribal Gaming

Commission may require pursuant to Tribal law;

(7) for performance criteria from Gaming Operations to be determined by the

Tribal Gaming Commission; and

(8) for grounds and mechanisms for terminating such contract, but actual

contract termination shall not require the approval of the Commission.

Every Agreement with a Management Contractor for the operation and management of a

Gaming Operation shall be deemed to contain the foregoing provisions whether or not

such provisions are reproduced in a Management Contract.

Section 9.4 LICENSING REQUIRED

No Management Contractor may enter into its management duties until it has satisfied all

applicable licensing requirements for a Contractor License, a Facility License, and licenses

for its Primary Management Official and Key Employees. General Employee licenses sha~~

be secured before new employees are allowed to actually being work.

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ARTICLE X

NON-PROFIT GAMING

Section 10.1 LICENSE OF CERTAIN NON-PROFIT ORGANIZATIONS

The Tribal Gaming Commission shall be authorized to issue a license to conduct bingo

games to any organization that is a bona fide religious, charitable, labor, fraternal,

educational, or other non-profit which qualifies as a 501(c) tax exempt organization and

provided that such organization has been in existence for not less than two (2) years prior

to making application for license, if no part of the receipts derived from such activity,

except actual expenses incurred in the conduct thereof, is to inure of any individual

member or employee of the organization, except as compensation for actual expenses

incurred by such person in the conduct of such activity.

Section 10.2 LICENSING PROCEDURE

The Tribal Gaming Commission shall adopt regulations governing the application and

licensing procedures for non-profit bingo to be conducted within Tribal jurisdiction. The

application form shall be prescribed by the Tribal Gaming Commission. The Tribal Gaming

Commission shall establish a schedule of appropriate license fees and any exemptions

from payment of such fees for such activities and operations and specific reporting

requirements.

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ARTICLE XI

RECORDS AND REPORTS

Section 11.1 KEEP AND MAINTAIN

(1) Scope

Each Gaming Operation shall keep and maintain sufficient books and records to

substantiate the Gross Gaming Receipts, Operating Costs, and uses of revenues relating

to the conduct of Gaming Operations authorized under a license. Included in the records

of the activity shall be session summary sheets, operational budgets and projections, and

tour/bus attendance and compensation.

(2) Duty to Account

No Management Contractor shall fail to account fully for all moneys received or

collected in connection with Gaming Operations.

Section 11.2 STATEMENT OF GROSS GAMING RECEIPTS AND NET

REVENUES

(1) No later than the fifteenth (15th) day of each month, each Gaming Operation

shall provide, in a report form prescribed by the Tribal Gaming Commission, a statement

of Gross Gaming Receipts, Operating and net Revenues received or collected at each

Gaming Facility during the immediately preceding period.

(2) Consistent with reasonable gaming industry business practices, the Gross

Gaming Receipts derived from operations of tribal-owned and licensed Gaming

Operation(s) may be expended and disbursed by a Management Contractor as specifically

outlined in a Management Contract.

Section 11.3 FALSIFICATION OF BOOKS AND RECORDS

No licensee shall falsify any books or records relating to any transaction connected with

the conduct of Gaming Operations authorized under this Ordinance.

Section 11.4 INSPECTION BY TRIBAL GAMING COMMISSION

(1) General Requirement

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All books and records of each Gaming Operation relating to licensed gaming

activities shall be subject to inspection, examination, photocopy, and auditing by the Tribal

Gaming Commission or a person designated by the Tribal Gaming Commission at any time

during reasonable hours.

(2) Assured Access

In compliance with 25 C.F.R. § 571.5 or § 571.6 or of a Tribal Ordinance or

resolution approved by the Chairman of the National Indian Gaming Commission, a

Gaming Operation shall not refuse to allow an authorized representative of the National

Indian Gaming Commission or an authorized Tribal Gaming Commission official to enter

or inspect a Gaming Operation.

Section 11.5 INSURANCE POLICIES

A copy of the required insurance policies covering each Gaming Operation or any part

thereof shall be filed with the Tribal Gaming Commission.

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ARTICLE XII

VIOLATIONS

Section 12.1 GENERAL

Each Gaming Facility licensed under his Ordinance shall be constructed, maintained, and

operated in a manner which adequately protects the environment and the public health

and safety.

Section 12.2 GAMING LICENSE

No person shall operate or conduct any Gaming activity in a Gaming Operation within

Tribal Lands without a gaming license issued by the Tribal Gaming Commission, as

required by this Ordinance.

Section 12.3 FALSIFYING INFORMATION

No licensee or license applicant shall provide false information in connection with any

document or proceeding required or provided for under this Ordinance.

Section 12.4 AGE LIMIT

No person under the age of sixteen (16) years shall be permitted to participate in any

Gaming activity.

Section 12.5 CHEATING

No person shall engage in Cheating in any gaming activity.

Section 12.6 POSSESSION OF A FIREARM

No Person, other than a law enforcement officer or security personnel licensed to carry a

firearm, may enter or remain in a Gaming Facility licensed under this Ordinance while in

the possession of a firearm or other weapon.

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Section 12.7 VIOLATION OF ANY PROVISION, RULE, REGULATION OR ORDER

No Person shall violate any provision of this Ordinance, not any rule, regulation or order

that the Tribal Gaming Commission may adopt or issue, nor any provision of the Act, or

regulation adopted by the Tribal Gaming Commission.

Section 12.8 IN PRIVITY

Any Person who is in privity with a Person who violates any provision of this Ordinance

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

shall be treated in a similar manner.

Section 12.9 COMPLIANCE OF ORDINANCE

Each Management Contractor is responsible for ensuring that all Primary Management

Officials and Key Employees assisting in Gaming Operations on the licensees behalf

comply with this Ordinance. A violation by any such officials or employees shall be

deemed a violation by a Management Contractor and subject the Management Contractor

to civil enforcement action.

Section 12.10 FRAUDULENT SCHEME OF TECHNIQUE

No Person, playing in or conducting any gaming activity authorized under his Ordinance,

shall:

(1) use bogus or counterfeit cards, or substitutes, or use any game cards that

have been tampered with;

(2) employ or have on ones person any cheating device to facilitate cheating in

any gaming activity;

(3) use any fraudulent scheme or technique, including when an operator or

player of games of charitable gaming tickets directly or indirectly solicits, provides, or

receives inside information of the status of a game for the benefit of either Person; or

(4) knowingly cause, aid, abet, or conspire with another Person or cause any

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

Ordinance.

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ARTICLE XIII

CIVIL ENFORCEMENT

Section 13.1 ACTION TO BE TAKEN

The Tribal Gaming Commission may take any one or a combination of the following actions

with respect to any Person who violates any provision of this Ordinance:

(1) Impose,a civil fine not to exceed Five Hundred and No/i 00 Dollars ($500.00)

for each violation, and if such violation is a continuing one, for each day of such violation.

(2) Suspend or revoke any gaming license issued by the Tribal Gaming

Commission.

(3) Bring an action in a Tribal Court for imposition of one or more of the following

sanctions:

(a) Suspension or termination of the license and further conduct of

Gaming Operations or other activities.

(b) Seizure of any gaming apparatus, proceeds, or other property of a

licensee or property connected with the Gaming Operations engaged in by the licensee.

(c) In the case of any non-member of the Tribe, expulsion of such persons

from Tribal Lands.

(d) Collection of any unpaid fees together with interest at the rate of one

percent (1 %) per month.

(e) Execution on any non-exempt property of a violator located within the

exterior boundaries of the Tribal Lands.

(f) A penalty of Fifty and No/I 00 Dollar ($50.00) per day for failure to file

any report when due and Five Hundred and No/I 00 Dollars ($500.00) per day for failure

to file such report after notice and demand.

Section 13.2 JURISDICTION

The Tribal Court shall have jurisdiction over any civil action brought by the Tribal Gaming

Commission under this Ordinance, and also shall have the authority to impose any and all

sanctions imposed by the Tribal Gaming Commission pursuant to this Ordinance.

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Section 13.3 NOTIFICATION

Before taking any enforcement action authorized in this Section, the Tribal Gaming

Commission shall use its best efforts to notify the alleged violator, in person or by letter,

delivered to the alleged violators last known address, or the charges against the alleged

violator, and allow the alleged violator an opportunity for a prompt hearing. If the alleged

violator fails to respond, or cannot be found, the Tribal Gaming Commission may proceed

with a hearing notwithstanding, and take such action as it deems appropriate.

Section 13.4 ACKNOWLEDGEMENT

Every Person which applies for a gaming license and accepts such license thereby

acknowledges the civil enforcement jurisdiction and authority of the Tribe Gaming

Commission and a court of competent jurisdiction under this Ordinance to order an

execution of the Persons non-exempt property, the suspension or termination of the

Persons further conduct of gaming activities, and the seizure of the Persons Gaming

Equipment or proceeds of other property, upon a proper finding of the Tribal Gaming

Commission or the Court that the Person has violated a provision of the Act, regulations

of the Commission, this Ordinance, or regulations promulgated by the Tribal Gaming

Commission, despite lack of actual notice, provided that the Tribal Gaming Commission

has used its best efforts to notify the Person, in person, or by letter delivered to the

Persons last known address.

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ARTICLE XIV

HEARINGS AND APPEALS

Section 14.1 PETITION FOR PAYMENT OF PENALTY

Any licensee paying a penalty for late filing or failing to file a report for which there is an

acceptable excuse may petition the Tribal Gaming Commission for a credit. The petition

shall be filed within thirty (30) days after the petitioner knew or should have known that

payment was excusable, but not more than six (6) months after payment in any case.

Section 14.2 PETITION FOR HEARING AND RECONSIDERATION

Any Person or entity aggrieved by a decision made or action taken by the Tribal Gaming

Commission without notice and opportunity for hearing, may petition the Tribal Gaming

Commission for a hearing and reconsideration. The petition shall be filed within thirty (30)

days after receipt of the petition, and may, upon establishing that it has jurisdiction and

finds good cause, affirm, modify, reverse and/or vacate the Tribal Gaming Commissions

order.

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ARTICLE XV

APPLICABLE LAW

Section 15.1 CONTROVERSIES INVOLVING CONTRACT

All controversies involving contracts relating to gaming entered into under the authority of

the Tribe on Tribal Lands shall be resolved, as appropriate, in accordance with:

(1) The Act.

(2) Regulations promulgated by the National Indian Gaming Commission.

(3) The laws, ordinances, and regulations of the Tribe.

(4) If no Tribal laws exist, the law of the State of Oklahoma.

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ARTiCLE XVI

SERVICE

Section 16.1 TRIBAL GAMING COMMISSION SERVICE AGENT

The Chairman of the Tribal Gaming Commission is hereby designated agent for service

of any official determination, order, or notice of violation. Specific confirmation of this

designation shall be communicated to the National Indian Gaming Commission.

Section 16.2 MANAGEMENT SERVICE AGENT

Each Management Càntractor shall designate, by written notification to the Tribal Gaming

Commission and the National Indian Gaming Commission, an agent for service of any

official determination, order, or notice of violation.

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ARTICLE XVII

SAVINGS PROVISION

Section 17.1 INVALIDITY

If any provision of this Ordinance or the application thereof to any Person or circumstances

is held invalid, the invalidity shall not affect other provisions or applications of the

Ordinance which can be given effect without the invalid provisions of application, and, to

this end, the provisions of this Ordinance are severable.

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ARTICLE XVIII

DISPUTES BETWEEN

MANAGER AND PATRONS

Section 18.1 IMPROPER CONDUCT BY PATRONS

(1) Notice

Notice of warning regarding the improper conduct set out in gaming rules

established and enforced by the Gaming Operation shall be posted at the entrance of the

Gaming Facility and/or given to patrons upon entering the premises.

(2) Types of Improper Conduct

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

Facility and the Pawnee Tribal Reserve:

(a) Cheating.

(b) Possession of weapons in the Gaming Facility.

(C) Possession of alcohol in the Gaming Facility.

(d) Possession of a controlled substance in the Gaming Facility.

(e) Disorderly conduct, including the willful or wanton disregard for the

rights of others, and any other act which is disruptive to the Gaming Operation and other

Patrons.

(3) Submission of Proof of Age

Failure by a Patron to provide proof of age when requested by Gaming Operation

personnel shall result in ejection of the Patron from the Gaming Facility.

(4) Ejection

(a) Ejection of a Patron shall be accomplished by security personnel,

upon request of management personnel of the Gaming Facility.

(b) Ejection of a Patron for any reasons so stated in subsections (2) and

(3) of Section 18.1 shall result in the admission fee j~j being refunded.

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Section 18.2 RESOLVING DISPUTES BETWEEN PATRONS AND TRIBE OR

MANAGEMENT OFFICIALS

A designated representative of management shall be present at all times to resolve

complaints by Patrons involving the Gaming Operation.

Disputes between Patrons and Gaming Management shall be resolved in the following

manner:

(1) Patrons will first present their complaint/grievance to the Floor Manager. The

Floor Manager and the parties will attempt to settle the dispute during the session.

(2) If the Floor Manager is unable to resolve any dispute, the matter may, upon

request of the complaining Patron, be referred to the Manager on Duty and the parties will

attempt to settle the dispute during the session.

(3) If the Manager on Duty is unable to resolve any dispute, the matter may,

upon request of the complaining Patron, be referred to the Tribal Gaming Commission for

resolution in a regular or special meeting.

(4) If the dispute is not settled after a decision has been rendered by the Tribal

Gaming Commission, then the parties may file for a hearing in Tribal Court (for Pawnee

Tribal Members), C.F.R. Court, U.S. Federal Court (for non-Indians), OR be settled by a

mutually agreed upon arbitrator who is a member of the American Arbitrator Association.

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ARTICLE XIX

AMENDMENT OF ORDINANCE

Section 19.1 AMENDMENT BY MAJORITY VOTE

This Ordinance may be amended by majority vote of the Pawnee Business Council.

Within fifteen (15) days after adoption, the Pawnee Business Council shall submit for the

Chairman of the National Indian Gaming Commissions approval any amendment to the

Ordinance.

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ARTICLE XX

EFFECTIVE DATE/REPEAL

Section 20.1 GENERAL

This Ordinance shaU be effective upon approval of the Chairman of the National Indian

Gaming Commission. Once effective, this Ordinance shall serve to repeal all previous

gaming ordinances of the Tribe.

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