10.

11.

12.

13.

14.

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

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

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

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

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

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

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

A current photograph;

Any other information Thlopthlocco Tribal Town Gaming Commission
deems relevant; and

Fingerprints consistent with procedures adopted by Thlopthlocco Tribal
Town Gaming Commission in accordance with 25 C.F.R. 522.2 (h).

Thlopthlocco Tribal Town by and through the Thlopthlocco Tribal Town Gaming
Commission shall conduct an investigation sufficient to make a determination
under Section XXIX below. In conducting background investigations,
Thlopthlocco Tribal Town Gaming Commission and/or any agent acting on its
behalf shall promise to keep confidential the identity of each person interviewed
in the course of investigation.

13


2s procedures for issuing licenses to such employees and
officials;

3. procedures for resolving gaming disputes between the
gaming public and a licensed gaming facility;

4. procedures ensuring compliance with NIGC regulations
requiring payment of annual fees to, and filing quarterly
reports with, the NIGC; and

Ds procedures ensuring that all gaming facilities are in
compliance with the federal Privacy Act procedures as
required by NIGC regulations

Such regulations may require licensees to adopt gaming dispute-
resolution procedures, subject to Commission approval, with a right of
appeal to the Thlopthlocco Tribal Town Gaming Commission. In
resolving such gaming disputes on appeal or otherwise the Thlopthlocco
Tribal Town Gaming Commission may receive written statements,
affidavits, or other materials from the parties to said dispute or their
witnesses and in its discretion may order one or more hearings to take oral
statements or testimony. Any decision of the Thlopthlocco Tribal Town
Gaming Commission in resolving such gaming disputes shall be in writing
and may be appealed by the parties to the tribal court by filing a written
notice of appeal and a statement of the grounds therefor within thirty days
of the date of receipt of the Commission’s decision. All decisions on
appeal by the tribal court, and any decision by the Thlopthlocco Tribal
Town Gaming Commission for which a timely Notice of Appeal has not
been filed, shall be final.

The duties of the Thlopthlocco Tribal Town Gaming Commission shall
include, but not be limited to, the following:

Ls Printing and making available application forms for initial
and renewal licenses, as well as, any other licenses or tax
retum forms.

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

K Processing all license applications and tax returns which
will be submitted under oath.

4. Issuing of licenses.

5. Determining applicable license fees.


§36 Service of Process Agent

The Thlopthlocco Tribal Town Gaming Commission designates the chairman as its agent
for service of process.

§37 Repeal

To the extent that they are inconsistent with this Code, all prior gaming ordinances and
codes are hereby repealed.

609253.1

18


expenses, excluding management fees) from any such gaming are to be used for tribal purposes,
including:

A. To fund tribal government operations or programs;

B. To provide for the general welfare of Thlopthlocco Tribal Town and its
tribal members;

Cc. To promote tribal economic development;

D. To donate to charitable organizations; or

E. To help fund operations of local government agencies.
§23 Records, returns, and audits

It shall be the responsibility of the Thlopthlocco Tribal Town Gaming Commission to
promulgate regulations and cause to be established proper accounting procedures and methods of
operations for all license of Class II and/or Class III gaming activities so that all monies or things
of value received and paid out may be properly monitored and accounted for. All licenses under
this Code shall be required to keep an approved accounting system which shall comply with, but
not limited to, all applicable provisions of this Code or regulations of the Thlopthlocco Tribal
Town Gaming Commission. Said accounting system shall reflect all business and financial
transactions involved or connected in any manner with the operation and conducting of activities
authorized by this Code. The Thlopthlocco Tribal Town Gaming Commission shall have the
right to subpoena records or to secure a court order to seize records for property not surrendered.

No applicant, license, or employee thereof shall neglect or refuse to produce records or
evidence or to give information upon proper and lawful demand by the chairman of the
Thlopthlocco Tribal Town Gaming Commission to produce such information. The Thlopthlocco
Tribal Town Gaming Commission may conduct such hearings as deemed necessary to insure
compliance with the provisions of this Code and accountability for all monies received and
spent. Failure to comply with the provisions of this Code shall constitute grounds for complaint
with the National Indian Gaming Commission and summary suspension or revocation of any
license or management contract.

Thlopthlocco Tribal Town shall cause annual independent audits of all gaming operations
conducted and shall submit the resulting annual audit report to the National Indian Gaming
Commission in conformance with the NIGC’s regulations. The management and operation of
any gaming facility shall be subject to all applicable provisions of the Indian Gaming Regulatory
Act.

All gaming related contracts that result in the purchase of supplies, services, or
concessions in excess of $25,000 annually, except contracts for professional legal and account
services, shall be specifically included within the scope of the audit described in the preceding
paragraph.


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

§12 Additional powers of Thlopthlocco Tribal Town Gaming Commission

The Thlopthlocco Tribal Town Gaming Commission shall be empowered with all
necessary powers of control over all such entities and persons as would normally fall within the
purview of such Thlopthlocco Tribal Town Gaming Commission, or of those entities over which
specific control is granted to the Thlopthlocco Tribal Town Gaming Commission by the
Business Committee. Without limiting the generality of the foregoing statement, the
Thlopthlocco Tribal Town Gaming Commission or any member thereof, in the performance of
its duties as defined by law, shall have the power to administer oaths, to conduct hearings under
this Code, and to compel the attendance of witnesses and the production of the books, records,
and papers of any person, form, association, or corporation within the jurisdiction of the
Thlopthlocco Tribal Town for the purpose of the enforcement, assessment, or collection of any
tax.

§13 Limitations —- Recommendations

The Thlopthlocco Tribal Town Gaming Commission shall exercise only that authority
granted herein, but may make additional recommendations to the Business Committee at any
time it deems proper.

§14 Salaries

The annual compensation, payable monthly, of the Chairman, Vice Chairman, and
Secretary of the Thlopthlocco Tribal Town Gaming Commission shall be as determined in
accordance with the Annual Budget Appropriation.

§15 Appeals

A. The tribal court of Thlopthlocco Tribal Town shall have exclusive
authority to hear appeals from final decisions of the Thlopthlocco Tribal
Town Gaming Commission denying, modifying, conditioning, or revoking
any license.

B. Any affected party may appeal any final decision of the Thlopthlocco
Tribal Town Gaming Commission within 30 days after such decision by
filing a notice of appeal with the Thlopthlocco Tribal Town Gaming
Commission and serving a copy to the Business Committee. Thereafter
the Thlopthlocco Tribal Town Gaming Commission shall promptly file the


6. Auditing all returns and causing audits to be performed
pursuant to IGRA and NIGC regulations.

ihe Reviewing all records, documents, and anything else
necessary and pertinent to the financial accountability of
licensees or enforcement of any provision of this ordinance.

8. Reviewing for approval or denial any application or
licensee, and limiting conditions to suspend or restrict any
license.

9. Proposing fines as needed for violations of this Code and/or
regulations issued by the Thlopthlocco Tribal Town
Gaming Commission.

§9 Opportunities for hearing

The Thlopthlocco Tribal Town Gaming Commission shall afford an applicant for a
license an opportunity for hearing prior to any final action denying such application and shall
afford a licensee or any other person subject to this ordinance the opportunity for a hearing prior
to taking any final action resulting in denying, terminating, revoking, suspending, or limiting a
license or any other adverse action the commission deems appropriate; provided, the
Thlopthlocco Tribal Town Gaming Commission may summarily temporarily suspend or extend
suspension of licenses for sixty (60) days in those cases where such action is deemed appropriate
by the Thlopthlocco Tribal Town Gaming Commission. In cases where a license is suspended
prior to hearing, an opportunity for a hearing shall be provided promptly after suspension at the
request of the licensee. The Thlopthlocco Tribal Town Gaming Commission is authorized to
adopt rules and regulations, consistent with this Code, governing the conduct of any and all
hearing before the Thlopthlocco Tribal Town Gaming Commission as well as the process of
issuing, modifying, conditioning, suspending, or revoking any license.

§10 Preliminary determination

Whenever, upon preliminary factual finding, the Thlopthlocco Tribal Town Gaming
Commission determines that any person has failed to comply with the provision of this Code or
any regulations promulgated hereunder, the Thlopthlocco Tribal Town Gaming Commission
shall make a certification of findings with a copy thereof to the subject or subjects of that
determination. After five (5) days notice, and within thirty (30) days thereof, the committee shall
hold a hearing at which time the affected person or licensee shall have an opportunity to be heard
and present evidence. The commission shall have the authority to enjoin and restrain illegal
activities.

§11 Hearing


No license requirement.

§20 Class II gaming authorized — ownership — license

A. Class II gaming as defined in the Indian Gaming Regulatory Act, P.L.
100-447, 25 U.S.C. §2703 (7) (A) and by the regulations promulgated by
the National Indian Gaming Commission at 25 C.F.R. 502.3 is hereby
authorized.

B. Thlopthlocco Tribal Town shall have the sole property interest in and
responsibility for the conduct of any gaming operation authorized by this
ordinance.

Cc. Only a tribal enterprise wholly owned by Thlopthlocco Tribal Town or a
duly-designated and approved agent or employee, acting on behalf of such
tribal enterprise, may apply for and receive a Class II Gaming license.
Also, gaming must be conducted in facilities of the Thlopthlocco Tribal
Town. A separate license must be issued by the Thlopthlocco Tribal
Town Gaming Commission for each place, facility, or location on tribal
lands on which Class II gaming is conducted.

§21 Class II] gaming authorized — ownership — license

A. Class III gaming as defined in the Indian Gaming Regulatory Act,
P.L. 100-447, 25 U.S.C. §2703 (8) and as authorized by a compact
between the Thlopthlocco Tribal Town and any state is hereby authorized.

B. Thlopthlocco Tribal Town shall have the sole property interest in
and responsibility for the conduct of any gaming operation authorized by
this ordinance.

Cc. Only a tribal enterprise wholly owned by Thlopthlocco Tribal
Town or a duly-designated and approved agent or employee, acting on
behalf of such tribal enterprise, may apply for and receive a Class III
Gaming license. Also, gaming must be conducted in facilities of the
Thlopthlocco Tribal Town. A separate license must be issued by the
Thlopthlocco Tribal Town Gaming Commission for each place, facility, or
location on tribal lands on which Class III gaming is conducted.

§22 Use of gaming revenues

Thlopthlocco Tribal Town will have the sole proprietary interest in and responsibility for
the conduct of any gaming activity under a Class II and/or Class III license and all net revenues
(gross revenues less amounts paid out as, or paid for, prizes and total gaming related operating


4\ONAL Ie,

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June 25, 2008

Via Facsimile and U.S. Mail
(918) 560-6198

Vernon Yarholar

Town King

Thlopthlocco Tribal Town
PO Box 188

Okemah, OK 74859

RE: Approval of Amendments to the Thlopthlocco Tribal Town Tribe’s Gaming
Ordinance

Dear Town King Yarholar:

This is in response to your letter dated June 20, 2008, requesting review and approval of
Thlopthlocco Tribal Town Gaming Ordinance No. 2008-23, adopted on June 19, 2008.
This ordinance amends the previously-approved Thlopthlocco Tribal Town Gaming
Ordinance No. 97-18, approved in 1998, in order to authorize Class III games under an
approved compact with the State of Oklahoma. The Tribe also updated and clarified the
definition of “Net Revenue.”

These amendments to the Tribe’s previously-approved gaming ordinance are in
conformance with the requirements of the Indian Gaming Regulatory Act (IGRA) and the
National Indian Gaming Commission’s regulations. Therefore, the amended tribal
gaming ordinance is hereby approved.

/

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washin

202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

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


§27

(9) Approver of credit, or

(10) 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.

2. Primary management official means

(a) The person having management responsibility for a management
contract;

(b) Any person who has authority to:
(1) Hire and fire employees; or
(2) Set up working policy for the gaming operations; or

(c) The chief financial officer or other person who has financial

management responsibility.
Application forms
Ae The following notice shall be placed on the application form for a key employee

or a primary management official before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25 U.S.C.
2701 et 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 Indian Gaming Commission members and staff who
have need for the information in the performance of their official duties. The
information may be disclosed to appropriate Federal, Tribal, State, local, or
foreign law enforcement and regulatory agencies when relevant to civil, criminal
and regulatory agencies 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 Thlopthlocco Tribal Town gaming operation being unable to hire you in a
primary management official or key employee position.

11


§24 Rules of the game

It shall be the responsibility of the Thlopthlocco Tribal Town Gaming Commission to
promulgate regulations to establish the particular rules of all classes of gaming in order that said
gaming will be conducted with fairness and uniformity.

§25 Age limit for gaming
No person who is under the age of 18 shall operate, engage, or participate in any manner
in the operation of any class gaming activity. It shall be the responsibility of the manager of all

licensed gaming operations of the Thlopthlocco Tribal Town to ensure compliance with this age
limit requirement.

§26 Licenses for Key Employees and Primary Management Officials
Thlopthlocco Tribal Town by and through the Thlopthlocco Tribal Town Gaming
Commission shall ensure that the following policies and procedures as prescribed by the IGRA
are implemented with respect to key employees and primary management officials employed at
any Class II and/or Class III gaming facility operation on Thlopthlocco Tribal Town Indian
lands:
A. Definitions
For the purposes of this section, the following definitions apply:
1. Key employee means
(a) a person who performs one or more of the following functions:
qd) Bingo caller;
(2) Counting room supervisor;
(3) Chief of Security
(4) Custodian of gaming supplies or cash;
(5) Floor manager;
(6) Pit boss;
(7) Dealer;

(8) Croupier;

10


full record of the proceeding, including the notice of appeal, with the tribal
court.

Cc. In all appeals, the tribal court shall give proper deference to the
administrative expertise of the Thlopthlocco Tribal Town Gaming
Commission. The tribal court shall not set aside, modify, or remand any
determination by the Thlopthlocco Tribal Town Gaming Commission
unless it finds that the determination is arbitrary and capricious,
unsupported by substantial evidence or contrary to law. The tribal court
shall issue a written decision on all appeals, which decision shall be final.

D. The tribal court may, in its discretion, award costs and attorneys’ fees to
the Business Committee against any appellant whose appeal was frivolous,
malicious, or in bad faith. Such fees shall be assessed and collected as a
tax imposed under this Code.

§16 Finality of Commission or Tribal Court Action

Any final finding or determination of the Thlopthlocco Tribal Town Gaming
Commission which is not timely appealed, and any final determination for the tribal court in
proceedings conducted under the previous section, shall be final and binding in any other
proceeding against or by the same person before the Thlopthlocco Tribal Town Gaming
Commission or the tribal court.

§17 License required for gaming facilities

All locations where public gaming operations are conducted for the benefit of the
Thlopthlocco Tribal Town on Indian lands shall be required to have and display prominently an
appropriate, valid, and current public gaming license issued pursuant to the provisions of this
Code. Any form of public gaming operations conducted within the jurisdiction of the
Thlopthlocco Tribal Town without a current, duly-issued license to conduct gaming operations
approved by the Thlopthlocco Tribal Town Gaming Commission is prohibited. Furthermore, it
shall be unlawful for any person to conduct gaming activities within the boundaries of the
Thlopthlocco Tribal Town which are not under license by and for the benefit of the Thlopthlocco
Tribal Town or which mislead the general public in believing the gaming operation is owned and
under control and operated by the Thlopthlocco Tribal Town. The Thlopthlocco Tribal Town
Gaming Commission shall have the authority to enjoin and refrain illegal activities.

§18 Classes and fees
There shall be three different classes of gaming, each characterized by its separate
requirements and fees. These classes are created in compliance with the Indian Gaming

Regulatory Act, Public Law 100-497, October 17, 1988, and the rules and regulations adopted
pursuant to said Act.

§19 Class I gaming


members appointed hereunder shall be appointed for a term of one year,
one for a term of two years, and one for a term of three years.

Commission members shall serve their terms of office free from political
influence from any department of the government of the Thlopthlocco
Tribal Town and may be removed only for cause, after a hearing by the
tribal court under such rules and procedures as prescribed by the Business
Committee. A petition for removal for cause may be brought by a vote of
the majority of Business Committee members. Except as authorized under
the Constitution of the Thlopthlocco Tribal Town, no member of the
Thlopthlocco Tribal Town Gaming Commission shall, directly or
indirectly, solicit, receive, or in any manner be concerned in soliciting or
receiving any assessment, subscription, or contribution for any political
organization, candidacy, or other political purpose. No member of the
Thlopthlocco Tribal Town Gaming Commission shall be a member of a
committee of a partisan political club, or a candidate for nomination or
election to any paid tribal office, or take part in the management or affairs
or any tribal political party or in any political campaign, except to exercise
his or her right as a citizen privately to express his or her opinion and to
cast his or her vote.

In the event of a vacancy in the membership of the Thlopthlocco Tribal
Town Gaming Commission, the Micco shall, within twenty days of the
occurrence of the vacancy, fill such vacancy for the unexpired term,
subject to confirmation by a majority vote of the Business Committee.

The Thlopthlocco Tribal Town Gaming Commission shall have the power
to generally oversee the licensing of all gaming operations and the conduct
of such operations in order to ensure compliance with this Code and any
regulations adopted and orders issued by the Commission. The
Thlopthlocco Tribal Town Gaming Commissioners shall each execute a
conflict of interest provision disclosing potential unethical situations.

The Thlopthlocco Tribal Town Gaming Commission shall be charged with
the sole responsibilities of administering and enforcing the provisions of
this Code.

It shall be the responsibility of the Thlopthlocco Tribal Town Gaming
Commission to promulgate regulations necessary to administer and
implement the provisions of this Code. The Thlopthlocco Tribal Town
Gaming Commission’s regulations shall include but not be limited to :

1. procedures for conducting background investigations of
key employees and primary management officials (as those
terms are hereinafter defined);


The Thlopthlocco Tribal Town Gaming Commission shall also be responsible for
making sure fingerprints are obtained and processed. The Commission shall
utilize the Bureau of Indian Affairs law enforcement, Thlopthlocco Tribal Town
law enforcement, or such other law enforcement or other agency to ascertain the
relevant information of a background investigation, such as taking fingerprints.
As well, Thlopthlocco Tribal Town Gaming Commission shall utilize the
National Indian Gaming Commission for processing fingerprint cards through the
Federal Bureau of Investigation.

The Thlopthlocco Tribal Town Gaming Commission shall be responsible for
reviewing and approving any investigative work. Once that work is completed
the Chairman of the Thlopthlocco Tribal Town Gaming Commission shall be
responsible for reporting the results of the investigation to the National Indian
Gaming Commission, in accordance with Section XXX.

The Thlopthlocco Tribal Town Gaming Commission shall verify the information
submitted by applicants for key employee and primary management official
positions. This verification shall be done by written and/or oral communication
between the Thlopthlocco Tribal Town Gaming Commission and those who
should be able to verify such information (i.e. past employers, references, etc.).

The Thlopthlocco Tribal Town Gaming Commission shall utilize the Bureau of
Indian Affairs law enforcement, Thlopthlocco Tribal Town law enforcement, or
such other law enforcement or other agency to inquire into the applicant’s prior
activities and criminal record. The Chairman shall see to it that a sufficient
number of people, knowledgeable as to the applicant’s habits, reputation, and
associations, such as former employers, personal references, and others to whom
referred are interviewed in order to provide a basis for the Thlopthlocco Tribal
Town Gaming Commission making a finding concerning the eligibility for
employment in a gaming operation.

During the background investigation, the Thlopthlocco Tribal Town Gaming
Commission shall document all potential problem areas and disqualifying
information and make such information a permanent part of the file on the
applicant.

§29 Eligibility Determination

A.

Thlopthlocco Tribal Town shall review a person’s prior activities, criminal record,
if any, and reputation, habits and associations to make a finding concerning the
eligibility of a key employee or primary management official for employment in a
gaming operation. If Thlopthlocco Tribal Town determines that employment of
the person poses a threat to the public interest or to the effective regulation of
gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices
and methods and activities in the conduct of gaming, a tribal gaming operation

14


Thlopthlocco Tribal Town Gaming Commission shall submit, with the report, a
copy of the eligibility determination made under Section XXIX.

If a license is not issued to an applicant, Thlopthlocco Tribal Town:
1. Shall notify the National Indian Gaming Commission; and

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

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

§32 Granting a Gaming License

A.

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

The Thlopthlocco Tribal Town 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 request shall suspend the 30-day period under
paragraph D of this Section until the Chairman of the National Indian Gaming
commission receives the additional information.

If, within the thirty (30) day period described above, the National Indian Gaming
Commission provides Thlopthlocco Tribal Town 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 Thlopthlocco Tribal Town has provided
an application and investigative report to the National Indian Gaming
Commission, Thlopthlocco Tribal Town Gaming Commission shall reconsider the
application, taking into account the objections itemized by the National Indian
Gaming Commission.

16


§6 Sovereign Immunity

Notwithstanding any provisions herein, this Code shall not limit or restrict the inherent
sovereignty of Thlopthlocco Tribal Town, and neither the Code nor any of its provisions shall
operate to waive, in whole or in part, the sovereign immunity of Thlopthlocco Tribal Town.

§7 Establishment of Thlopthlocco Tribal Town Gaming Commission

The Thlopthlocco Tribal Town Gaming Commission is hereby established in order to
carry out the Tribe’s responsibilities under IGRA and the NIGC’s regulations at 25 C.F.R. §501
et seq. and to implement the provisions of this Code. Provided, however, all actions and
regulations of the Thlopthlocco Tribal Town Gaming Commission shall be consistent with the
provisions of this Code, all other laws and resolutions of the Thlopthlocco Tribal Town Business
Committee, and the Constitution of Thlopthlocco Tribal Town.

§8 Membership

A. The Thlopthlocco Tribal Town Gaming Commission shall consist of no
less than three (3) members of the Thlopthlocco Tribal Town to be
appointed by the Micco of the Thlopthlocco Tribal Town and approved by
the Business Committee of the Thlopthlocco Tribal Town.

B. To be eligible to serve as a commissioner, a person must:
if be at least 25 years of age;

2 have at least a high school diploma, with a preference for
those with a bachelor’s degree from a college or university
or its equivalent;

3. be of high moral character or integrity;

4. never have been convicted of a criminal offense other than
misdemeanor traffic offenses; and,

a. be physically able to carry out the duties of office.

C. The Micco shall, at the time of making the initial appointment and also at
the time of making each appointment to fill a vacancy on the Commission
as provided herein, designate one member to serve as Chairman, one
member to serve as Vice Chairman, and one member to serve as Secretary.

D. The terms of office of the Thlopthlocco Tribal Town Gaming Commission
shall be three years; provided, however, that in order to stagger the
expiration of terms of office, one of the first group of Commission


§1 Title

THLOPTHLOCCO TRIBAL TOWN
GAMING CODE

JUN 23 2008

This enactment shall be known as the “Thlopthlocco Tribal Town Gaming Code.”

§2 Purpose

The Thlopthlocco Tribal Town Business Committee, empowered by the Thlopthlocco
Tribal Town Constitution to enact codes and ordinances, hereby enacts this code in order to set
the terms for gaming operations within the Indian Country of Thlopthlocco Tribal Town.

The purpose of this Code is:

A.

To regulate the conduct of gaming owned and operated by the
Thlopthlocco Tribal Town or its officially licensed agents on tribal lands
of the Thlopthlocco Tribal Town.

To provide a basis under tribal law for the regulation of gaming by the
Thlopthlocco Tribal Town adequate to shield it from organized crime and
other corrupting influences; to insure that Thlopthlocco Tribal Town is the
sole beneficial owner of the gaming operation; to assure that gaming is
conducted fairly and honestly by the tribe, its agents, and the players; and
to implement the Indian Gaming Regulatory Act, 25 U.S.C. §2701 et seq.
(“IGRA”), and the regulations of the National Indian Gaming Commission
(“NIGC”) at 25 C-F.R. Parts 500 et seq.

§3 Protection of the Environment and Public Health and Safety

All gaming facilities licensed by the Thlopthlocco Tribal Town shall be constructed,
maintained and operated in a manner that adequately protects the environment and the public

health and safety.

§4 Provisions as cumulative

The provisions of this Code shall be cumulative to existing Law.

§5 Severability

The provisions of this Code are severable and if any part of the provisions hereof shall be
held void, the decision of the Court so holding shall not affect or impair any of the remaining
parts or provisions of this Code.


Existing key employees and primary management officials shall be notified in
writing that they shall either:

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

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

The following notice shall be placed on the application form for a key employee
or a primary official before that form is filled out by an applicant.

“A false statement on any part of your application may be grounds for not hiring
you, or for firing you after you begin work. Also, you may be punished by fine or
imprisonment. (18 U.S.C. §1001.)”

Thlopthlocco Tribal Town by and through the Thlopthlocco Tribal Town Gaming
Commission, shall notify in writing existing key employees and primary
management officials that they shall either:

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

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

§28 Background Investigation

A.

Thlopthlocco Tribal Town by and through the Thlopthlocco Tribal Town Gaming
Commission shall be responsible for conducting background investigations in
accordance with this Code and shall request from each primary management
official and from each key employee all of the following information:

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

2: Currently and for the previous 5 years: business and employment

positions held, ownership interests in those businesses, business and
residence addresses, and drivers license numbers;

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

4, Current business and residence telephone numbers;

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shall not employ that person in a key employee or primary management official
position.

After all background information is gathered, it shall be the responsibility of the
Thlopthlocco Tribal Town Gaming Commission to weigh such information
against the criteria outlined in subsection A above, and to make a determination as
to eligibility.

Procedures for Forwarding Applications and Reports for Key Employees and
Primary Management Officials to the National Indian Gaming Commission

A.

When a key employee or primary management official begins work at a gaming
operation authorized by this ordinance, Thlopthlocco Tribal Town by and through
the Thlopthlocco Tribal Town 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
XXIX.

Thlopthlocco Tribal Town Gaming Commission shall forward the report referred
to in Section XXXI to the National Indian Gaming Commission within 60 days
after an employee begins work within 60 days of the approval of this Code by the
Chairman of the National Indian Gaming Commission.

The gaming operation shall not employ as a key employee or primary
management official a person who does not have a license after 90 days.

Report to the National Indian Gaming Commission

A.

Pursuant to the procedures set out in Section XXX, Thlopthlocco Tribal Town
Gaming Commission shall prepare and forward to the National Indian Gaming
Commission an investigative report on each background investigation. Each
member of the Thlopthlocco Tribal Town Gaming Commission shall document
each and every action taken with regard to the background investigation from start
to completion. This information shall be kept in a file on the applicant in order to
have sufficient information to prepare and defend the items necessary
(subsections 1 through 4 below) in the investigative report submitted to the
National Indian Gaming Commission. An investigative report shall include all of
the following:

1. Steps taken in conducting a background investigation;
2. Results obtained;
3; Conclusions reached; and

4. The basis for those conclusions.

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