and responsibility for the conduct of any Class III gaming activity and the net revenues from any
Class III gaming are to be used for no purposes other than:

(i) to fund tribal government operations or programs;
(ii) _ to provide for the general welfare of the Otoe-Missouria Tribe and its members;
(iii) to promote tribal economic development.

A separate license shall be required for each place, facility or location on Indian lands at which
Class III gaming is conducted. An annual fee for a Class III gaming license will be $2,5000.00.

Section 3-6
Tribal-State Compact

The Tribal Council is authorized to approve a tribal state compact governing Class III
gaming activities. Said compact shall be approved by the Secretary of the Interior or the
Chairman of the National Indian Gaming Commission, as required, and published in the Federal
Register as provided by Indian Gaming Regulatory Act. The compact may include provisions
relating to the application of criminal and civil laws and regulations of the Otoe-Missouria Tribe
or the state to the Class III gaming activity, an allocation of criminal and civil jurisdiction between
the Otoe-Missouria Tribe and the state where necessary for the enforcement of laws and
regulations, taxation, where appropriate, by the Otoe-Missouria Tribe of such activity in amounts
comparable to the amount assessed by the state for comparable activities, remedies for breach of
contract, standards for operation of such activity and maintenance of the gaming facility including
licensing and any other subjects directly related to the operation of gaming activities. The
Otoe-Missouria Tribe Tribal Council is hereby authorized to negotiate said compact on behalf of
the Otoe-Missouria Tribe.

Section 3-7
Jurisdiction
Any cause of action initiated by the Otoe-Missouria Tribe arising from the failure of the
State to enter into negotiations with the Otoe-Missouria Tribe for purposes of entering into a
tribal-state compact or to conduct said negotiations in good faith will be filed in the United States
District Court.
Section 3-8

Management Contracts

The Otoe-Missouria Tribe Tribal Council, on behalf of the Otoe-Missouria Tribe is
authorized to enter into and approve management contracts for the management of any Class II

13


10.

12.

(3) Where the nature and scope of the game remains as it was on
October 17, 1988; and

(4) Where the ownership interest or interests are the same as on
October 17, 1988.

"Class II] gaming" means all forms of gaming that are not Class I gaming or Class II
gaming.

"Commission" means the Otoe-Missouria Tribal Gaming Commission established by this
Ordinance.

“Compact” means the agreement between the Otoe-Missouria Tribe and any State of the
United States, pursuant to 25 U.S.C. §2710(b) (iv), as further approved in accordance

with the Indian Gaming Regulatory Act, as the procedures under which Class II] gaming
may be conducted on Indian lands over which the Otoe-Missouria Tribe has jurisdiction.

"Executive Director" means the Executive Director of the Otoe-Missouria Tribal Gaming
Commission established pursuant to this ordinance.

"IGRA" means the Indian Gaming Regulatory Act of 1988, P.L. 100-497.
"Indian land" means any land the title to which is either held in trust by the United States
for the benefit of the Otoe-Missouria Tribe of Oklahoma or its members or is held by the
Otoe-Missouria Tribe of Oklahoma, or its members subject to restriction by the United
States against all alienation and over which the Otoe-Missouria Tribe of Oklahoma
exercises governmental power; as defined by IGRA.
"State" means any State of the United States.
"Tribe" means the Otoe-Missouria Tribe of Oklahoma.

Chapter 2

Administration and Enforcement
Section 2-1

Establishment of the Otoe-Missouria Tribal gaming office and commission.

There is hereby established the Otoe-Missouria Tribal Gaming Office and the

Otoe-Missouria Tribal Gaming Commission which shall have the duties and powers as hereinafter
described.

The Commission shall constitute no less than three (3) nor more than five (5) members to

be appointed by the President of the Otoe-Missouria Tribal Council. Commission members will

4


Section 2-7

Background Investigation

The Commission shall request from each primary management official and from each key
employee information defined in the gaming ordinances to include a minimum of the following

information:

1.

10.

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

Currently and for the previous 5 years: Tribal and employment positions held,
ownership interests in those businesses, Tribal and residence addresses, and drivers
license numbers;

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

Current Tribal and residence telephone numbers,

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

A description of any existing and previous Tribal relationships with the gaming
industry generally 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

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

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


11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

Review and approve floor plans and surveillance systems for each gaming facility
and shall confer with the State regarding the adequacy of such plans and systems.

Maintain a list of persons barred from the gaming facilities because their criminal
history or associations pose a threat to the integrity of the gaming activities of the
Otoe-Missouria Tribe.

Approve the rules of each game of chance operated pursuant to this Act.

Commencement of any civil or criminal action necessary to enforce the provisions
of this Act.

Retain legal counsel or other professional services, including investigative services,
to assist the Commission with respect to any of the issues over which the

Commission exercised jurisdiction.

Hire appropriate staff, subject to the approval of the Tribal Council, necessary to
carry out its duties.

Prepare and submit to the Tribal Council an annual operating budget.

Establish policy and take all actions necessary to complete all tasks and procedures
defined and required by the Otoe-Missouria Tribe Class II Gaming Ordinance.

Establish policy and take all actions necessary to complete all tasks and procedures
defined and required by the Otoe-Missouria Tribe Class III Gaming Ordinance.

Establish policy and take all actions necessary to complete all tasks and procedures
defined and required by the Otoe-Missouria Tribe Class II Gaming Regulations.

Establish policy and take all actions necessary to complete all tasks and procedures
defined and required by the Otoe-Missouria Tribal Class II] Gaming Regulations.

Powers of the Commission

In order to adequately perform its duties, the Commission is hereby vested with the
following powers:

1.

To employ non-uniformed, licensed inspectors who shall be present in all gaming
facilities during all hours of operation who shall be responsible solely to the
Commission and not to any management employees of the gaming operations.
Such inspectors shall have unfettered access to all areas of the gaming facility at all
times, including locked and secure areas.


serve for a period of two (2) years. However, for the first appointments, the names shall be
placed in a receptacle with the first name drawn serving a term of two (2) years. The second
name drawn shall serve a term of one (1) year, and terms shall alternate accordingly with each
subsequent name drawn. The Commission shall elect from among its members a Chairman. The
Commission shall have the power to generally oversee the Chairman and the tribal gaming office
and review its actions for approval or ensure compliance with this Act and any regulations
adopted and orders issued by the Commission. The Commission members shall submit to a
conflict of interest provision to disclose potential unethical situations.

Section 2-2
Powers and Duties of the Commission
Duties of the Commission

It shall be the responsibility of the Commission to promulgate regulations necessary to
administer the provisions of this Act. The duties shall include, but not be limited to the following:

1. Printing and making available application forms for initial and renewal licenses, as
well as other licenses or tax return forms.

2. Supervise the collection of all fees and taxes prescribed by this Act.

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

4. Issuance of licenses.

5. Determining applicable license fees.

6. Auditing all returns.

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

8. Review for approval or denial any application or licensee, and to limit conditions

to suspend or restrict any license.
9. Propose fines and penalties as needed.

10. Preparing and monitoring a plan for the protection of public safety and the physical
security of patrons utilizing security and law enforcement personnel.


Section 2-5
Commission Meetings

Regular meetings of the Commission may be held upon such notice, or without notice, and
at such time and place as shall from time to time be fixed by the Commission. Unless otherwise
specified by the Commission, no notice of such regular meetings shall be necessary.

Special meetings of the commission may be called by the Chairman or the Executive
Director. The person or persons calling the special meeting shall fix the time and place thereof.
Neither the Tribal to be transacted at, nor the purpose of, any regular or special meeting of the
Commission need to be specified in the notice of the meeting.

At any meeting of the Commission, a majority of the members then in office shall
constitute a quorum for the transaction of Tribal. The vote of a majority of the members present
at a meeting at which a quorum is present shall be the act of the commission. The Chairman shall
preside at all meetings of the Commission unless the Chairman designates another member to
preside in his absence.

Any action required or permitted to be taken at a meeting of the Commission may be
taken without a meeting if all of the members sign written consents setting forth the action taken
or to be taken, at any time before or after the intended effective date of such action. Such
consents shall be filed with the minutes of the Commission, and shall have the same effect as a
unanimous vote or resolution of the Commission at a legal meeting thereof. Any such action
taken by unanimous written consents may, but need not be, set forth in such consents in the form
of resolutions or votes.

Members of the Commission may participate in a meeting of the Commission by means of
conference telephone or similar communications equipment by means of which all person
participating in the meeting can hear each other, and participation in such a meeting by any
member who does not object at the beginning of such meeting shall constitute presence in person
at such meeting.

Section 2-6
Procedures

The Commission shall afford an applicant for a license an opportunity for hearing prior to
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 final action resulting in denying,
terminating, revoking, suspending, or limiting a license or any other adverse action the
Commission deems appropriate; provided, the Executive Director may summarily temporarily
suspend or extend suspension of licenses for sixty (60) days in those cases where such action is
deemed appropriate by the executive Director. In cases where a license is suspended prior to
hearing, an opportunity for a hearing shall be provided.

8


NATIONAL
INDIAN

8 GAMING

ii COMMISSION

MAR 23 998

Bill Burns, Executive Director
Otoe-Missouria Tribe

Route 1, Box 62

Red Rock, Oklahoma 74651

Dear Mr. Burns:

This letter responds to your request to review and approve the amendment to the
Otoe-Missouria Tribe's (Tribe) tribal gaming ordinance submitted on January 8, 1998.
The amendment to the ordinance was adopted by the Tribe by Resolution No. 131-FY-97
on January 7, 1998, and approved by the Chairman of the National Indian Gaming
Commission (NIGC) on June 2, 1994. This letter constitutes approval under the Indian
Gaming Regulatory Act (IGRA).

Under the IGRA and the regulations of the NIGC, the Chairman is directed to review
ordinances and amendments with respect to the requirements of the IGRA and the
implementing regulations. Thus, the scope of the Chairman's review and approval is
limited to the requirements of the IGRA and the NIGC regulations.

Thank you for submitting the amendments to the tribal gaming ordinance of the
Otoe-Missouria Tribe. The NIGC staff and I continue to look forward to working with you
and the Community in implementing the IGRA.

Sincerely yours,

Tadd M. Johnson “4 woe
Chairman

1441 L STREET, N.W. STHFLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 __ FAX: 202-632-7066



Section 2-11
Sanctions

Any person who engages in activities on property subject to the provisions of this Act
without a license, in violation of the license or terms imposed thereon, in violation of terms of
suspension, or in violation of any other provision of this Act, any Compact with the State, the
Indian Gaming regulatory Act of 1988, regulations promulgated thereunder, or amendments
thereto, shall be in violation of this Act, including any person who unlawfully trespasses upon any
premises licensed by this Act without the consent of the committee or the Executive Director.
Separate violations shall be prosecuted as separate offenses. Each day of violation shall constitute
a separate count or violation of this Act. Each violation shall carry a potential fine of Five
Hundred ($500.00) to Five Thousand Dollars ($5,000.00) to be determined at the discretion of
the Commission. Any property used in the furtherance of any violation of this Act may become
the property of the Otoe-Missouria Tribe of Oklahoma. All winnings found to have been received
in violation of this Act are subject to seizure and forfeiture and become the property of the
Otoe-Missouria Tribe of Oklahoma.

Section 2-12
Reports

The commission will make an annual comprehensive report to the Otoe-Missouria Tribe
Tribal Council.

CHAPTER 3
Licensing
Section 3-1
License Required

Any agent of the Otoe-Missouria Tribe of Oklahoma conducting public gaming operations
for the benefit of the Otoe-Missouria Tribe on Indian lands of the Otoe-Missouria Tribe shall be
required to have and display prominently an appropriate, valid and current public gaming license
issued pursuant to the provisions of this Act. Any form of public gaming operations conducted
within the jurisdiction of the Otoe-Missouria Tribe without the lawful written approval of the
Otoe-Missouria Tribal Gaming Commission are prohibited. Furthermore, it shall be unlawful for
any person to conduct gaming activities on Indian lands of the Otoe-Missouria Tribe which are
not under license by and for the benefit of the Otoe-Missouria Tribe or which mislead the general
public in believing the gaming operation is owned or under control and operated by the
Otoe-Missouria Tribe. The Commission shall have the right to enjoin and restrain illegal
activities.

11


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

12. A current photograph;
13. Any other information the Tribe deems relevant; and

14. Fingerprints consistent with procedures adopted by the Tribe according to 25
CFR. §522.2(h).

Section 2-8
Preliminary Determination

Whenever, upon preliminary factual finding, the Commission determines that any person
has failed to comply with the provisions of this Act or any regulations promulgated hereunder, the
Commission shall make a certification of findings with a copy thereof to the subject or subjects of
that determination. After five (5) day notice, and within thirty (30) days thereof, the Commission
shall hold a hearing at which time the subject shall have an opportunity to be heard and present
evidence. The Commission shall have the specific right to enjoin and restrain illegal activities.

Section 2-9
Hearing

At such hearing it shall be the obligation of the subject to show cause why the preliminary
determination is incorrect, why the application 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, or to show cause why any other action
regarding any other person or persons subject to any action should not be taken.

Section 2-10
Final Determination

Following such hearing, the Commission shall, within thirty (30) days, reach a final
determination concerning the accuracy of the preliminary certification of facts, and whether the
license in question should be granted, continued, suspended, revoked, conditioned or limited, and
whether or not any other action recommended to or by the Commission (including but not limited
to forfeitures or fines) should be taken. The action of the Commission will be the final action of
the Otoe-Missouria Tribe.

Within (30) days following this determination the executive Director shall inform the
subject in writing of that determination.

10


2. To investigate on its own initiative any aspect of the gaming operations in order to
protect the public interest in the integrity of the gaming activities and to prevent
improper or unlawful conduct in said gaming activities.

3. To compel any person employed by and doing Tribal with any gaming operation to
appear before it under oath and to provide such information, documents or other
material as required in writing by the Commission.

4. To impose penalties and sanctions for violations of this Otoe-Missouria Tribal
Gaming Act, any applicable compact, or other rules of procedure adopted by the
Commission.

5. To establish policy and take all actions necessary to carry out the provisions of this

Act in compliance with IGRA.
Section 2-3
Chairman of the Commission

The Chairman or any other member of the Commission acting in the absence of the
Chairman may, whenever he deems it necessary to protect the public interest in the integrity of the
Otoe-Missouria Tribe's gaming operations, issue in the name of the Commission, any order which
the Commission has the power to issue, to the gaming operations or to any employee or
contractor thereof or to any person within the jurisdiction of the Otoe-Missouria Tribe, to take
any action or to cease and desist from taking any action as may be required to protect the public
interest; provided, that any such order shall be subject to subsequent review by the Commission at
its earliest opportunity, whereupon said order may be confirmed or vacated by the Commission.

Section 2-4
Executive Director

The Commission shall appoint an individual to serve as a full time Executive Director of
the Commission to administer is responsibilities on a day to day basis and to oversee inspectors
appointed by the Commission as well as such other staff as the Commission may from time to
time employ. The Executive Director shall be responsible for coordination of the functions of the
Commission with the State Police and the State gaming agency. The Chairman may request the
Executive Director to conduct a preliminary investigation and render a recommendation to the
Commission with respect to the grant or denial of any license, the imposition of any penalty, the
investigation of any complaint, or any other action within the jurisdiction of the Commission.

The Executive Director shall have the power, in the name of the Commission, to conduct
any hearing, investigation or inquiry, compel the production of any information or documents, and
otherwise exercise the investigatory powers of the commission, which the Commission may
exercise under this Ordinance.


Section 1-3
Definitions
"Act" means this Otoe-Missouria Tribal Gaming Act.
"Tribal Committee" means the Otoe-Missouria Tribal Council.

"Chairman" means the Chairman of the Otoe-Missouria Tribal Gaming Commission
established pursuant to this Ordinance.

"Class I gaming" means social games solely for prizes of minimal value or traditional
forms of Indian gaming engaged in by individuals as a part of, or in connection, with tribal
ceremonies or celebrations.

"Class II gaming" means:

(a) Bingo or lotto (whether or not electronic, computer, or other technologic
aids are used) when players:
(1) Play for prizes with cards bearing numbers or other designations;
(2) Cover numbers or designations when object, similarly numbered or
designated, are drawn or electronically determined; and
(3) Win the game by being the first person to cover a designated
pattern on such cards;

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

(c) | Non banking card games that:
(1) State law explicitly authorizes, or does not explicitly prohibit, and
are played legally anywhere in the state; and
(2) Players play in conformity with state laws and regulations
concerning hours, periods of operation, and limitations on wagers
and pot sizes;

(d) Card games played in the states of Michigan, North Dakota, South Dakota,
or Washington if:
(1) _ An Indian tribe actually operates the same card games as played on
or before May 1, 1988, as determined by the Chairman; and
(2) The pot and wager limits remain the same as on or before May 1,
1988, as determined by the Chairman;

(e) Individually owned class II gaming operations--
(@5) That were operating on September 1, 1986;
(2) That meet the requirements of 25 U.S.C. 2710(b) (4) (B);

3


and/or Class III gaming facility owned and operated by the Otoe-Missouria Tribe. Said
management contract shall in all respects be in compliance with the Indian Gaming Regulatory
Act. All management contracts shall be approved by the Chairman of the National Indian Gaming
Commission or as designated by IGRA. No person holding a management contract with the
Otoe-Missouria Tribe for the management of any Class II or Class III gaming facility shall be an
elected member of the Otoe-Missouria Tribe, or have been convicted of any felony or gaming
offense, or have knowingly or willingly provided any material reporting false statements to the
National Indian Gaming Commission or Otoe-Missouria Tribe Gaming Commission pursuant to
this Act or the Indian Gaming Regulatory Act or whose prior activities, criminal record, if any, or
reputation, habits, and association pose a threat to the effective regulation and control of the
gaming activity subject to the management contract or who has attempted in any way to unduly
influence or interfere with the decision process relating to any management contract or license.

Section 3-9
Termination

The Commissioner shall have the duty to bring before the Commission any charge of any
unfair or illegal practice of any licensee or manager which shall constitute grounds for temporary
suspension by the Commissioner or termination by the Commission of any license or management
contract. The same procedure as provided herein under Section 2-6. et seq., will be followed
here.

Section 3-10

Violation of Act by licensee

Any violation of any provisions of this Act or of any of the Commission's rules by a
licensee, his agent, or employee, shall be deemed contrary to the public health, safety, morals,
good order and general welfare of the Otoe-Missouria Tribe and the inhabitants of the
Otoe-Missouria Tribe and grounds for refusing to grant or renew a license or management
contract, suspension or revocation of a license or management contract or grounds for the filing
of a complaint with the National Indian Gaming commission.

CHAPTER 4
Rules of Operation and General Accountability
Section 4-1
Records, Returns and Audits
It shall be the responsibility of the Otoe-Missouria Tribe Gaming Commission to
promulgate regulations establishing proper accounting procedures and methods of operations for

all licensees of Class II and Class III gaming activities so that all monies or things of value
received and paid out may be properly monitored and accounted for. All licensees under this Act

14


Certification
; We, the undersigned officers of the Otoe-Missouria Tribal Council, do hereby certify that

the foregoing Resolution _131- FY -97 was duly adopted this _7th_ day of January
1998, by a vote of 5 for___ against, and 1 abstaining., 1 absent.

a a,

Filed with:

Bureau of Indian Affairs - Pawnee Agency
Chairman, National Indian Gaming Commission

16


gaming on Indian lands of the Otoe-Missouria Tribe as defined by the Indian
Gaming Regulatory Act of 1988, superseding any previous tribal gaming
ordinances; and

WHEREAS, the Constitution and By-laws of the Otoe-Missouria Tribe provides that

enactments are to be passed by a majority of the Tribal Council members present;
and,

BE IT ENACTED BY THE OTOE-MISSOURIA TRIBE OF OKLAHOMA:

AN ACT RELATING TO OTOE-MISSOURIA TRIBE OF OKLAHOMA

REGARDING REGULATION AND LICENSING OF GAMING ON INDIAN LAND

CHAPTER 1
General Provisions
Section 1-1
Title
This enactment shall be known as the "Otoe-Missouria Tribal Gaming Act".
Section 1-2

Purpose

The purpose of this Act is:

1.

To regulate the conduct of gaming owned and operated by the Otoe-Missouria
Tribe of Oklahoma or its officially licensed agents, on Indian lands of the
Otoe-Missouria Tribe of Oklahoma, (hereafter referred to as "Otoe-Missouria
Tribe") in compliance with Public Law 100-497, October 17, 1988, 102 Stat.
2467, the Indian Gaming Regulatory Act ("IGRA").

To provide a basis under tribal law for the operation of gaming on Indian lands as
a means for promoting tribal economic development, self-sufficiency, and a strong
tribal government.

To provide a basis under tribal law for the regulation of gaming by the
Otoe-Missouria Tribe of Oklahoma adequate to shield it from organized crime and
other corrupting influences, and to insure that the Otoe-Missouria Tribe is the
primary beneficiary of the gaming operation, and to assure that gaming is
conducted fairly and honestly by the Otoe-Missouria Tribe, its agents and players.


VAN ~ 9 [990g

Otoe-Missouria Tribe

Rt. 1, Box 62, Red Rock, Oklahoma 74651

(405) 723-4466 Tribal Operations (405) 763-1556 Mobile Police Unit (405) 268--3101 Social Service
(405) 723-4540 Law Enforcement Office (405) 268-3016 Head Start Program FAX (405) 723-4273

RESOLUTION 131

RESOLUTION TO ADOPT AN AMENDING ACT RELATING TO THE
OTOE-MISSOURIA TRIBE OF OKLAHOMA REGARDING
REGULATION AND LICENSING OF GAMING ON INDIAN LANDS.

WHEREAS: the Otoe-Missouria Tribe of Oklahoma is a Federally recognized Indian Tribe of
Indians organized pursuant to a Constitution and By-Laws, as amended by the
People of the Otoe-Missouria Tribe from time to time a provided in the Oklahoma
Indian Welfare Act of June 26, 1936, Ch. 831, 49 Stat. 1967, and

WHEREAS: the Constitution and By-Laws of the Otoe-Missouria Tribe of Oklahoma provides
that the Otoe-Missouria Tribal Council shall have the power to act on behalf of the
Tribe in all matters on which the Tribe is empowered to act, and

WHEREAS: the Otoe-Missouria Tribal Council is the Supreme governing body of the
Otoe-Missouria Tribe of Oklahoma with the authority to enact laws and
ordinances and to interpret provisions of the constitution and By-Laws, and

WHEREAS: in certain treaties entered into between the Otoe-Missouria Tribe and the United
States, the Otoe-Missouria Tribe undertook to provide protection to Businesses
which were located within its jurisdiction and retained all of its inherent rights of
self government, and

WHEREAS: the Otoe-Missouria Tribe of Oklahoma is desirous of providing a basis under tribal
law to authorize and regulate the conduct of gaming on Indian lands of the
Otoe-Missouria Tribe including entering into tribal-state compacts with the states
where Otoe-Missouria Indian lands are located and entering into appropriate
management contracts with management agents to provide for the establishment
and operation of Class II and Class III gaming operations as defined by the Indian
Gaming Regulatory Act of 1988, and

WHEREAS: the Otoe-Missouria Tribe desires to approve the attached "AMENDED
OTOE-MISSOURIA TRIBE GAMING ACT: in order to authorize and regulate


Section 3-2
Classes and Fees

There shall be three (3) 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.

Section 3-3
Class I Gaming

No license required.

Section 3-4
Class If Gaming

Only a wholly owned the Otoe-Missouria Tribe enterprise or its designated and approved
agent or employee may apply for and receive a Class II gaming license. Also, gaming must be
conducted in facilities of the Otoe-Missouria Tribe. A separate license must be issued by the
Commission for each place, facility or located on Indian lands at which Class II gaming is
conducted. The Otoe-Missouria Tribe will have the sole proprietary interest and responsibility for
the conduct of any gaming activity under a Class II license and all net revenues from any said
gaming are to be used for tribal purposes including:

@) to fund tribal government operations or programs;

(ii) to provide for the general welfare of the Otoe-Missouria Tribe and its members;

(iii) to promote tribal economic development.

The Otoe-Missouria Tribe will cause annual audits of all gaming activity under a Class IT
license to be conducted within the existing independent tribal audit system and will provide all
audit information to the National Indian Gaming commission. The management and operation of
any Class II gaming facility shall be subject to all applicable provisions of the Indian Gaming
Regulatory Act. An annual fee of $1,000.00 will be charged for any Class II gaming license.

Section 3-5
Class II Gaming

Class III gaming is hereby authorized to be conducted only by an enterprise which is

owned solely by the Otoe-Missouria Tribe and a license may be issued to its designated and

approved agents and employees. The Otoe-Missouria Tribe will have the sole proprietary interest

12


shall be required to keep an approved accounting system which shall comply with, but not be
limited to, all applicable provisions of this Act or regulations of the Commission. Said accounting
system shall reflect all Tribal and financial transactions involved or connected in any manner with
the operation and conducting of activities authorized by this Act. The 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 Commissioner or
Commission, or shall otherwise interfere or attempt to interfere, with any proper and lawful
efforts by the Executive Director or the committee to produce such information. The
Commission may conduct such hearings as deemed necessary to insure compliance with the
provisions of this Act and accountability for all monies received and spent. Failure to comply
with the provisions of this Act shall constitute grounds for complaint with the National Indian
Gaming Commission and summary suspension or revocation of any license or management
contract.

Section 4-2

Rules of the game
It shall be the responsibility of the Otoe-Missouria Tribal Gaming Commission to
promulgate regulations establishing the particular rules of any given Class II or Class III gaming
in order that said gaming will be conducted with faimess and uniformity.
Section 4-3
Age limit for all gaming
No person who is under the age of 18 shall operate or be allowed to participate in any
manner in the operation of any Class II or Class III gaming activities. It shall be the responsibility
of any manager or licensed agent of the Otoe-Missouria Tribe to insure compliance with this age
limit requirement.
Section 4-4
Inherent sovereignty of the Otoe-Missouria Tribe of Oklahoma.

With the passage of this legislative act notwithstanding any other law or ordinance, this
ordinance does not limit the inherent sovereignty of the Otoe-Missouria Tribe of Oklahoma.

Section 4-5
Repeal

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

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