June 1 5, 2016 

Melissa T. Carleton, Acting Attorney General 

Office of the Attorney General 

Mississippi Band of Choctaw Indians 

P.O. Box 6258 

Choctaw, MS 39350 

Re: Mississippi Choctaw Gaming Ordinance and Resolution CHO 16-037 

Dear Acting Attorney General Carleton: 

I am writing with respect to your April 14, 2016, request to the National Indian Gaming 

Commission to review and approve the Mississippi Choctaw Band's amendments to its gaming 

ordinance. The amendments were adopted by Resolution No. CHO 16-037 of the Tribal Council 

to: comply with NIGC regulatory updates; submit provisions approved in the 1990 but not 

previously submitted for NIGC approval; address provisions previously set forth in the TribalState Gaming Compact but not set forth in the ordinance as required; and remove from the 

gaming ordinance and enact elsewhere in the Tribe's code, provisions on conflicts of interest and 

per capita payments from gaming revenue 

Thank you for providing the amended gaming ordinance for review. The ordinance is 

approved as it is consistent with the requirements of the Indian Gaming Regulatory Act and 

NIGC regulations. If you have any questions concerning this letter, please contact Senior 

Attorney Maria Getoff at (202) 632-7003. 

Cc: Phyllis J. Anderson, Chiet: MBCI 

Bea Carson, Chair, MBCI CGC 

Sincerely, 

Jonodev 0. Chaudhuri 

NEW .MAILING ADDRIESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Slreel NW, Moil Stop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fox: 202.632.7066 

REGIONALOFflCES Portland, OR; Socromenlo, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklahoma City, OK 

WWW.NIGC.GOV 
MISSISSIPPI BAND OF CHOCTAW INDIANS 

RESOLUTION CHO 16-037 

A RESOLUTION TO APPROVE AMENDMENTS TO TITLE XV OF THE TRIBAL CODE 

AND ENACTMENT OF RELATED ORDINANCES 

WHEREAS, the Revised Constitution and Bylaws of the Mississippi band of Choctaw Indians, 

Article VIII, Sections 1 ( c) and ( o) empowers the Choctaw Tribal Council to "establish 

procedures for the conduct of all tribal government and business operations" and "establish 

policies relating to tribal economic affairs," and 

WHEREAS, Section 15-1-21 of the Tribal Code empowers the Choctaw Gaming Commission to 

propose amendments to Title 15 of the Tribal Code, subject to review and approval by the Tribal 

Council; and, 

WHEREAS, following adoption of Resolution CHO 15-095 making certain amendments to Title 

XV of the Tribal Code, the said resolution setting out those changes was submitted for NIGC 

review and approval as required by federal law and that resolution; and, 

WHEREAS, during that review process a number of prior gaming ordinance prov1s1ons 

approved by the Tribal Council in the 1990s were identified which had never been submitted for 

NIGC approval, including some of the changes made via Ordinance 16-P (5/29/92), 16-EE 

(10/24/94), 16-FF (12/20/94), and 16-00 (4/9/96), some of which provisions were for that 

reason never legally effective, and some of which provisions were never implemented by the 

Tribe; and, 

WHEREAS, as a result thereof NIGC refused to approve the other gaming ordinance revisions 

made by Resolution 15-095 until the Tribe identified and submitted for NIGC approval all such 

prior amendments which the Tribe wishes to be legally effective, and further required that some 

provisions previously addressed in the Choctaw Gaming Commission's regulations or in the 

Tribe's State-Tribal Gaming Compact, instead be addressed in the gaming ordinance itself as 

required by NIGC regulations; and, 

WHEREAS, the Tribe's legal counsel working with the Choctaw Attorney General's office and 

NIGC counsel have completed the required revisions and NIGC has given informal approval of 

them, which approval will not be formally granted unless the Tribal Council approves and the 

Tribe formally resubmits the revised gaming ordinance as set out on Exhibits A and B, and , 

WHEREAS, in the course of that work the Tribe's legal counsel determined (and NIGC has 

concurred) that the Tribe would be better served if the provisions of the existing gaming 

ordinance which address conflicts of interest (Sec. 15-1-4) and the Tribe's Revenue Allocation 

Plan (previously adopted by the Council as Chapter 4, (15-4-1 et seq. "Per Capita Payments 

From Gaming Revenues'') per Ordinance 16-00, but never submitted for NIGC approval) were 

removed from the gaming ordinance and addressed in separate Tribal Ordinances, so that NIGC 

EXHIBIT 

I B 
RES CHO 16-037 

Page2 

approval will no long be required regarding future amendments thereto, and NIGC has concurred 

that this is permissible under the IGRA, 

WHEREAS, the Committee on Judicial Affairs and Law and Order has reviewed the proposed 

amendments to Title XV, including the removal of the Section 15-1-4 conflict of interest 

provisions in the Chapter 4 Revenue Allocation Plan provisions and their reenactment as 

separate ordinances, and recommends their presentation to the full Tribal Council; and 

WHEREAS, the Tribal Council has determined that it would be in the best interest of the Tribe 

in order to avoid confusion or uncertainty in the future regarding the status of changes to the 

Tribe's Gaming Ordinance which have been approved by the Council, but not yet approved by 

the NIGC, to have all such changes and NIGC submissions regarding such changes tracked and 

documented through the Office of the Choctaw Attorney General; now therefore be it 

RESOLVED, that the Tribal Council does hereby approve the amendments to Title XV set out 

on Exhibit A (redline) and Exhibit B (clean) to this Resolution, and be it further 

RESOLVED, this the form of Title XV attached hereto supersedes and replaces all prior versions 

of that ordinance as have previously been approved by the Tribal Council, and be it further 

RESOLVED, that Sec. 15-1-4 of the gaming ordinance (conflicts of interest) as further revised 

and amended and which has been removed from the gaming ordinance and is hereby reenacted 

(as amended) in the separate Ordinance No. 76 attached hereto as Exhibit C, and be it further 

RESOLVED, that the provisions previously adopted by Ordinance 16-00 to be Chapter 4, (Sec. 

15-4-1 et seq. of the gaming ordinance-the Revenue Allocation Plan provisions) as further 

revised and amended and which has been removed from the gaming ordinance and is hereby 

reenacted (as amended) in the separate Ordinance No. 77 attached hereto as Exhibit D, and be it 

further 

RESOLVED, that Title XV in the form attached hereto shall become effective upon National 

Indian Gaming Commission Chair approval, and be it further 

RESOLVED, that commencing with this Resolution and for all future submissions to the NIGC 

of proposed changes to the Choctaw Gaming Ordinance, all such proposed changes shall be 

submitted through the Office of the Choctaw Attorney General and shall not be made effective or 

posted on the Tribe's website until and unless all required NIGC approvals of such changes have 

been documented by that Office. 

CERTIFICATION 

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians, certify 

that the Tribal Council of said Band is composed of 16 members (1 seat vacant), 16 of whom, 

constituting a quorum, were present at a Regular Call meeting duly called, noticed, convened, 

and held this the 12•h day of April, 2016; and that the foregoing Resolution was duly Adopted by 

a vote of 15 members in favor, 0 opposed, and 1 abstaining. 
RES CHO 16-037 

Page3 

Dated this 121

h day of April, 2016. 

ATTEST: 

-·--- - - ----
TITLE XV - GAMING 

CHAPTER 1. CHOCTAW GAMING COMMISSION ••••••••••••••••••••..•••.....•.••.••.••.•....... 

§ 15-1-1 Gamin~ Commission .................................................................................... . 

§15-1-2 No Waiver of Immunity ............................................................................... . 

§ 15-1-3 Bonding ........................................................................................................ . 

§ 15-1-4 [Reserved] .................................................................................................... . 

§ 15-1-5 Removal of Commissioners ......................................................................... . 

§ 15-1-6 Vacancies ..................................................................................................... . 

§ 15-1-7 Meetings ....................................................................................................... . 

§ 15-1-8 Quorum ......................................................................................................... . 

§ 15-1-9 Compensation ............................................................................................... . 

§ 15-1-1 0 Reports ......................................................................................................... . 

§ 15-1-11 Funding ......................................................................................................... . 

§ 15-1-12 Financial Records and Audit ........................................................................ . 

§ 15-1-13 Confidential Records .................................................................................... . 

§15-1-14 Licenses and Work Permits Required .......................................................... . 

§ 15-1-15 Application Process for Gaming Licenses; Background Investigations ...... . 

§ 15-1-16 Application for Work Permit; Procedure ..................................................... . 

§ 15-1-17 Automatic Disqualification for License or Work Permit ............................. . 

§ 15-1-18 Authority to Adopt, Amend, Repeal Regulations ........................................ . 

§ 15-1-19 Indemnity ..................................................................................................... . 

§ 15-1-20 Commission Staffing .................................................................................... . 

§ 15-1-21 Amendments ................................................................................................. . 

§ 15-1-22 Complaints ................................................................................................... . 

§ 15-1-23 Au!ho_ritr with Respect to Licenses; Enforcement Powers .......................... . 

§ 15-1-24 Junsd1ct1on ................................................................................................... . 

§ 15-1-25 Designation of Tribal Agent under 25 CFR 519 .......................................... . 

§ 15-1-26 Future Amendments ..................................................................................... . 

CHAPTER 2. CLASS 11 GAMING ................................................................................. . 

§15-2-1 

§15-2-2 

§ 15-2-3 

§ 15-2-4 

§15-2-5 

§15-2-6 

§15-2-7 

§15-2-8 

§15-2-9 

§15-2-10 

§ 15-2-11 

Games of Chance ......................................................................................... . 

Commission's Powers and Duties for Class II ............................................. . Tribal Gaming Only ..................................................................................... . 

Location ........................................................................................................ . 

Hours and Rules ........................................................................................... . 

Minors Prohibited ......................................................................................... . 

Class II Net Revenues .................................................................................. . 

Audits ........................................................................................................... . 

Environment; Public Health and Safety ....................................................... . 

Management Contract .................................................................................. . 

Violations ..................................................................................................... . 

CHAPTER 3. CLASS III (CASINO-TYPE) GAMING ................................................ . 

§ 15-3-1 Tribal-State Compact ................................................................................... . 

§ 15-3-2 Class III Gaming .......................................................................................... . § 15-3-3 Incorporation by Reference .......................................................................... . 
CHAPTER 1. CHOCTAW GAMING COMMISSION 

§15-1-1 

(l) 

(2) 

(3) 

Gaming Commission 

There is hereby established the Choctaw Gaming Commission (Commission), 

which shall regulate all activities under this Title XV (Title). The Commission 

shall consist of three members composed of a Chairman and two Associate 

Commissioners. Commissioners may or may not be members of the Tribe. The 

Chairman and Associate Commissioners shall be appointed by the Tribal Chief 

and confirmed by the Tribal Council. Within sixty (60) days of passage of this 

Restated Title XV, the Tribal Chief shall appoint the initial Chairman to a four 

(4) year term ending in December of 1996, and the remaining members to an 

initial three-year term ending in December of 1995. Thereafter, the Tribal Chief 

shall appoint the Chairman and the Associate Commissioners to terms of four 

years, subject to approval by the Tribal Council. 

The Tribal Chief shall conduct or cause to be conducted an inquiry into each 

appointee's financial stability, integrity and good reputation prior to appointing 

a member to the Commission. No individual who has been convicted of a felony 

or gaming offense or who has a conflict of interest prohibited by tribal law shall 

be eligible for appointment to or service on the Commission. 

The Chairman shall serve as the Executive Director of the Commission. The 

Chairman may assign each Associate Commissioner an area of responsibility 

for Commission day-to-day operations .• 

(4) The Commission, within funding or budgets approved by the Tribal Council, shall 

have the following powers and duties: 

(a) To hire, supervise, train, discipline and dismiss, and to pay such 

employees, whether full or part-time, temporary or permanent, as the Commission shall 

determine are needed for the fulfillment of its purposes. 

(b) To contract for outside professional and other services as deemed 

necessary by the Commission to discharge its duties provided, that the Commission shall 

not use or retain attorneys who are not on the Tribal Council's "list of attorneys 

authorized to perform legal services for the Tribe," as that list may be amended from time 

to time; purchase or lease office furniture, supplies, equipment and space as needed to 

fulfill its purposes; establish and maintain such systems and programs as it deems 

necessary for the proper administration of and accounting for its activities; and to carry 

out necessary and appropriate functions in furtherance of the Commission's 

responsibilities. With the approval of the Commission, the signature of the Commission 

Chairman shall constitute valid authorization of the Commission to enter into contracts. 

2 
(c) To monitor, oversee and regulate the operation and conduct of all gaming 

and games of chance within tribal lands, and to do such things as it deems necessary to 

ensure that such gaming is conducted in full compliance with this Title, the Tribal-State 

Compact, the IGRA, and Commission regulations. 

(d) To grant, suspend, or revoke licenses and work permits of persons or 

entities required to be licensed or permitted under the provisions of this Title, the TribalState Compact, or IGRA, and, consistent with such provisions, to establish and 

administer standards and procedures with respect to such licensing and permitting as 

needed to ensure the reasonable and effective regulation of gaming. 

( e) In connection with its licensing and permitting processes, to conduct or 

cause to be conducted background investigations of applicants for licenses and permits to 

determine their suitability for such. 

(f) To inspect, examine, photocopy, and audit all papers, books and records 

respecting gaming activities operated or conducted within tribal lands as necessary to 

carry out the duties of the Commission. 

(g) To initiate suits in tribal, state or federal courts for such relief as the 

Commission deems necessary to carry out its duties and enforce its orders and decisions. 

(h) To establish and collect reasonable fees for applications and renewals of 

licenses and permits and for other Commission actions. 

§15-1-2 No Waiver of Immunity 

In the exercise of its powers and duties, neither the Commission nor any of its members 

shall waive the immunity of the Commission or the Mississippi Band of Choctaw 

Indians from suit without the expressed consent of the Tribal Council of the Mississippi 

Band of Choctaw Indians. 

§15-1-3 Bonding 

Commission members and commission personnel, if any, must be bonded in an amount 

of at least $10,000, which cost shall be borne from the Commission budget. 

§15-1-4 (RESERVED] 

§15-1-5 Removal of Commissioners 

Commission members may be removed from their position by a majority vote of the 

3 
Tribal Council at a meeting at which a quorum is present only for neglect of duty, 

malfeasance in office or other just cause, and only upon recommendation to the Tribal 

Council through the Tribal Chief by majority of the remaining Commissioners; 

provided, however, that the Tribal Council may remove any member without 

recommendation from the other Commissioners in cases of criminal violation of Tribal, 

federal or state statutes or regulations. 

§15-1-6 Vacancies 

In the event of a vacancy occurring on the Commission for any reason, the vacancy shall 

be filled for the remainder of the term by appointment of the Tribal Chief approved by 

the Tribal Council. Upon expiration of the term of the vacated Commissioner position, 

the procedure set forth in § 15-1- l shall apply. 

§15-1-7 Meetings 

Due to the need for ongoing oversight of gaming operations, management and key 

employees, and the Commission shall hold meetings at a minimum of once every sixty 

(60) days. Full minutes are to be kept and filed of all Commission meetings, subject to 

§ 15-1-13 qualifications on confidential and proprietary information. Special meetings 

may be called by the Chairman or by any two Commissioners, provided formal 

notification in writing is given to all Commission members at least three (3) days in 

advance of the meeting date. Formal notification may be waived in emergency situations 

provided all members of the Commission are contacted by the Chairman and such 

contact and waiver are duly recorded. 

§15-1-8 Quorum 

Two members of the Board shall constitute a quorum, with all matters governed by a 

majority vote of the quorum. 

§15-1-9 

(I) 

(2) 

Compensation 

Subject to receiving funding pursuant to § 15-1-11, the Commission shall pay 

members of the Commission salaries in accordance with this section for their 

services in oversight and regulation of gaming enterprises on the Choctaw Indian 

Reservation. The Commission shall also reimburse Commissioners for expenses 

on behalf of the Commission's activities. All reimbursable expenses shall 

conform to prevailing Tribal Government administrative procedures. 

The Chairman of the Commission shall be paid at a rate equal to or greater than 

the grade TS 30 of the Tribal wage scale, as it may be adjusted from time to 

time. The associate members of the Commission shall be paid at a rate equal to 

or greater than grade TS 25 of the Tribal wage scale, as it may be adjusted from 

time to time. 

4 
§15-1-10 Reports 

The Commission shall submit an annual report to the Tribal Council through the Tribal 

Chief and provide any other interim reports and information as requested by the Tribal 

Chief and in such form as may be specified certifying conformance of each gaming 

enterprise to applicable Tribal and federal law and licensing requirements, applicable 

Tribal-State Compact provisions and to the Commission's regulations in the conduct of 

their gaming activities. The annual report shall also summarize any notices of violation 

issued by the Commission during the immediately preceding year. Notwithstanding the 

foregoing, in making such reports available to the Tribal Chief or the Tribal Council, the 

Commission shall adhere to all applicable Tribal and federal law regarding the 

disclosure of confidential information. 

§15-1-11 

(I) 

(2) 

(3) 

(4) 

§15-1-12 

Funding 

The Commission shall annually adopt and assess a fee upon the gross revenue of 

all licensed gaming entities not to exceed two percent (2%) for the purpose of 

paying costs incurred in carrying out is specific investigative oversight and 

operational responsibilities. Assessments must be duly recorded and filed for 

audit purposes. The fee assessed pursuant to this section shall be payable monthly 

and shall be in addition to any fee(s) required to be paid by licensees to the 

National Indian Gaming Commission. 

No monies may be expended by the Commission until a budget has been 

submitted for review and approval by the Tribal Council. All Commission 

operating revenues and expenditures must be reviewed by the Tribal Chief or his 

designee for conformance with standard Tribal administrative financial 

procedures. 

Any Commission funding needs and expenditures beyond two percent (2%) of 

gross revenues of gaming activities licensed by the Commission must be 

submitted to the Tribal Chief for Tribal Council review, approval and 

appropriation in amounts necessary for the operation of the Commission. Residual 

funds collected in excess of expenditures shall be returned to the Tribal Council to 

be deposited into the Tribal general fund at the end of the Tribe's fiscal yea. 

For purposes of this section, "gross revenues" means total amount of money 

wagered, less amounts paid out as prizes or paid for prizes awarded. 

Financial Records and Audit 

The Commission shall maintain accurate and complete records of the financial affairs of 

the Commission, and the Chairman of the Commission shall cause an annual audit of the 

Commission's financial affairs to be conducted by a certified public accountant in 

5 
accordance with generally accepted accounting principles, consistently applied and shall 

furnish an annual budget, an annual balance sheet and complete financial report of the 

Commission to the Tribal Council through the Tribal Chief within three (3) months of 

the close of the Tribe's fiscal year. 

§15-1-13 

(I) 

(2) 

§15-1-14 

Confidential Records 

The Commission shall maintain a file listing all applications for licenses and work 

permits under this title and a record of all Commission actions on such 

applications, and such records shall not be confidential. 

Confidential information shall include 

(aa) records and financial data acquired by the Commission in carrying out its 

background investigations of potential gaming entities, managers and key 

employees and 

(bb) proprietary financial data. Except as otherwise provided herein, confidential 

information is prohibited from public disclosure either by the Commission or by 

individual Commissioners. Confidential or proprietary records, in whole or in 

part, shall not be included as sections of or attachments to Commission budget 

documents, annual reports, minutes or audit findings. Copies of confidential or 

proprietary records may be forwarded to the NIGC or other applicable regulatory 

agency upon the written request of that agency or in compliance with the 

appropriate reporting requirements of this Title, the IGRA and any Tribal-State 

Compact. 

( c) Any other category of information deemed confidential by regulations 

adopted by the Commission pursuant to this Title or by order of the Commission. 

Licenses and Work Permits Required 

(I) No entity or person shall enter into a binding management contract for 

operation and management of gaming activity with the Tribe or shall be hired as 

a primary management official or key employee of a gaming enterprise operated 

pursuant to this Title, unless such entity or person is the holder of gaming license 

issued by the Commission. The Commission shall provide prompt notification to 

the Tribal Council through the Tribal Chief and to the NIGC of any such gaming 

licenses issued pursuant to this Title. Separate licenses will be required for each 

place or location where gaming is conducted. 

(2) Persons not required to be licensed as primary management officials or key 

employees shall not be employed to work in a gaming enterprise operated 

pursuant to this Title, unless such person is the holder of a gaming license or 

work permit issued by the Commission. 

6 
(3) For purposes of this Title, a "key employee" means an employee of the Tribe or a 

Tribal gaming licensee: 

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

(i) Bingo Caller; 

(ii) Counting room supervisor; 

(iii) Chief of security; 

(iv) Custodian of gaming supplies or cash; 

(v) Floor manager; 

(vi) Pit boss; 

(vii) Dealer; 

(viii) Croupier; 

(ix) Approver of credit; or 

(x) Custodian of gambling devices including persons with access to 

cash and accounting records within such device. 

(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. 

(4) For purposes of this Title, a "primary management official", means an employee 

of the Tribe or a Tribal gaming licensee who performs the following functions: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

(i) to hire and fire employees; or 

(ii) to set up working policy for the gaming operation; or 

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

responsibility. 

7 
(5) 

§15-1-15 

(1) 

(2) 

(3) 

(4) 

(5) 

All licensed primary management officials, key employees, and permitted 

employees shall wear identification badges. Security and surveillance personnel 

may be exempted from this requirement in performance of special functions. 

Application Process for Gaming Licenses; Background Investigations 

The Commission shall require all applicants for gaming licenses (entities 

proposing to enter into gaming management contracts and primary management 

officials and key employees) to pay a non-refundable application fee in an 

amount determined by order of the Commission and to complete an application 

form containing sufficient information to allow a background investigation of the 

applicant in conformance with requirements of federal regulations and the 

Tribal-State Compact. 

The Tribe shall create and maintain an investigative report for each background 

investigation of a primary management official or key employee. Investigative 

reports shall include all of the following information: 

(a) Steps taken in conducting the investigation; 

(b) Results obtained; 

( c) Conclusions reached; and 

(d) The basis for those conclusions. 

Before a license is issued to a primary management official or key employee, an 

authorized Commission official shall make a finding concerning the eligibility of 

that person for receiving a gaming license by reviewing the applicant's prior 

activities, criminal record, if any, and reputation, habits and associations. 

Copies of the eligibility determination shall be included with the notice of results 

that must be submitted to the NIGC before the licensing of a primary 

management official or key employee. 

The notice of results of the investigation shall include verification of compliance 

with all provisions of 25 C.F.R. 556 and shall at minimum include the following 

information: 

(a) The applicant's name, date of birth, and social security number; 

(b) The date on which the applicant began, or will begin, working as a 

primary management official or key employee; 

(b) A summary of the information presented in the investigative report, 

including: 

(i) licenses that have previously been denied; 

(ii) gaming licenses that have been revoked, even if subsequently 

reinstated; 

(iii) every known criminal charge brought against the applicant prior to 

8 
(iv) 

the date of the application; and 

every felony offense of which the applicant has been convicted or 

any ongoing prosecutions; and 

(d) A copy of the eligibility determination made m accordance with 

subsection (3). 

(6) If the Commission determines that investigative costs shall exceed amounts set 

by order of the Commission for any type of license or permit issued by the 

Commission, the Commission shall notify the applicant in writing of the 

estimated or actual costs to be incurred by the Commission in performing or 

causing to be performed a background investigation, and require the applicant to 

pay such estimated costs to the Commission prior to final decision on the 

application. 

(7) The Commission shall keep confidential the identity of every person interviewed 

for background investigations. 

(8) The following notice shall be placed on the Commission's license application 

form for a key employee or a primary management official before it 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 granted a gaming license. The information will be 

used by the Tribal gaming regulatory authorities and by the NIGC members and 

staff who have need for the information in the performance of their official duties. 

The information may be disclosed by the Tribe or the NIGC to appropriate 

Federal, Tribal, State, local or foreign law enforcement and regulatory agencies 

when relevant to civil, criminal or regulatory investigations or in connection with 

the issuance, denial, 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 the Tribe being unable to 

license you for 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. 

(9) The following additional notice shall be placed on the application form for a key 

employee or a primary management official before it is filled out by an applicant: 

A false statement on any part of your license application may be grounds for 

denying a license or the suspension or revocation of a license. Also, you may be 

punished by fine or imprisonment (U.S. Code, title 18, section 1001). 

9 
( 10 ) The Commission shall ensure that background investigations are conducted on all 

applicants for Tribal gaming licenses and permits and that continuing oversight of 

primary management officials and key employees is conducted. The Commission 

shall notify the Tribal Chief and the NIGC of the results of background checks on 

any applicants prior to issuance of any Tribal gaming license, and shall provide 

other notifications or reports as may be required by any applicable Tribal-State 

Compact. All criminal history checks shall be conducted pursuant to the rules and 

regulations of the NIGC and shall include a check through the Federal Bureau of 

Investigation, National Criminal Information Center. The Commission shall issue 

to NIGC a notice of the results of all background investigations no later than 60 

days after an applicant begins work. 

( 11) Fingerprint impressions shall be obtained from all applicants for a license. All 

fingerprint impressions shall be accompanied by a "Fingerprint Certification Card 

Verification" form to be provided by the Commission. Copies of all fingerprint 

impressions shall be sent directly to the NIGC. The Commission shall be the law 

enforcement agency responsible for this process. 

( 12) The Commission shall retain, for no less than three (3) years from the date a 

primary management official or key employee is terminated from employment 

with the Tribe, the following documentation: 

1. Applications for licensing; 

2. Investigative Reports; and 

3. Eligibility Determinations 

(13) The Commission shall obtain from each primary management official and key 

employee all of the following information: 

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

birth date, place of birth, citizenship, gender and all languages spoken 

and/or written); 

(b) Currently, and for the previous five (5) years, business and employment 

positions held, ownership interests in those businesses, business and 

residential addresses, and driver's license numbers; 

( c) The names and current addresses of at least three (3) personal references, 

including one ( 1) personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (C)(2) of 

this section; 

(d) Current business and residential telephone numbers, and all cell phone 

numbers; 

10 
(e) A description of any existing and previous business relationships with 

other tribes, including any ownership interests in the businesses; 

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

gaming industry generally, including ownership interests in the 

businesses; 

(g) 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; 

(h) 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 of 

disposition, if any: 

(i) For each misdemeanor conviction or ongoing misdemeanor prosecution 

prior to the date of the application, the name and address of the court 

involved and the date of disposition, if any; 

G) For each criminal charge, whether or not there is a conviction, if such 

criminal charge is prior to the date of the application, and is not otherwise 

listed pursuant to paragraphs (C)(8) or (C)(9) of this Section, the criminal 

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

disposition, if any; 

(k) 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; 

(I) A photograph 

(m) Any other information the Tribe deems relevant; and 

(n) Fingerprints obtained in accordance with procedures adopted by the Tribe 

pursuant to 25 C.F.R. § 522.2(h). 

(14) When a primary management official or key employee is employed by the Tribe, 

a complete application file, containing all of the information listed in subsection 

14 shall be maintained. 

(15) The Commission may license a primary management official or key employee 

applicant after submitting a notice of results of the applicant's background 

investigation to the NIGC. The Commission shall notify the NIGC of the 

issuance of a license to a primary management official or key employee within 30 

days of issuance. 

11 
( 16) The Tribe shall not employ an individual in a primary management official or key 

employee position who does not have a license prior to beginning work at the 

gaming operation. 

( 17) The Commission must reconsider a license application for a primary management 

official or key employee if it receives a statement of itemized objections to 

issuing such a license from the NIGC, and those objections are received within 30 

days of the NIGC receiving a notice of results of the applicant's background 

investigation. The Commission shall take the NIGC's objections into account 

when reconsidering a license application. The Commission will make the final 

decision whether to issue a license to an applicant for a primary management 

official or key employee position. If the Commission has issued a license to a 

primary management official or key employee before receiving the NIGC's 

statement of objections, notice and a hearing shall be provided to the licensee. 

(18) When the Commission does not issue a license to an applicant for a primary 

management official or key employee position, or revokes a previously issued 

license after reconsideration, it shall: 

(a) Notify the NIGC; and 

(b) Forward copies of its eligibility determination and notice of results of the 

applicant's background investigation to the NIGC for inclusion in the Indian 

Gaming Individuals Record System. 

( 19) If, after a license is issued to a primary management official or a key employee, 

the Tribe receives notice from the NIGC that the primary management official or 

key employee is not eligible for employment, the Commission shall do the 

following: 

(a) Immediately suspend the license; 

(b) Provide the licensee with written notice of the suspension and proposed 

revocation; and 

( c) Provide the licensee with notice of a time and place for a hearing on the 

proposed revocation of the license. 

( d) The right to a revocation hearing vests only when a license is granted 

under an ordinance approved by the NIGC Chair. Following a revocation 

hearing, the Commission shall decide whether to revoke or reinstate the license at 

issue. The Tribe shall notify the NIGC of its decision to revoke or reinstate a 

license within 45 days of receiving notification from the NIGC that a primary 

management official or key employee is not eligible for employment. 

§15-1-16 Application for Work Permit; Procedure 

(I) Fingerprint impressions shall be obtained from all applicants for work permits. 

All fingerprint impressions shall be accompanied by a "Fingerprint Certification 

Card Verification" form to be provided by the Commission. Copies of all 

12 
(2) 

(3) 

§15-1-17 

fingerprint impressions shall be sent directly to the NIGC. 

An applicant for a work permit shall pay the application fee established by the 

Commission, by regulation or order, which shall be sufficient to cover the costs 

of processing the application. 

The Commission may either grant or deny the work permit based upon its 

investigation and review of the application. 

Automatic Disqualification for License or Work Permit 

The Commission shall deny or revoke gaming licenses or work permits to persons or 

entities whose prior activities, criminal record or records, habit and associations pose a 

threat to the public interest or to the effective regulation of gaming or create or enhance 

the dangers of unsuitable, unfair or illegal practices and activities in connection with 

gaming activities. All gaming licenses and work permits shall be reviewed and, if 

appropriate, renewed on an annual basis, except that the Commission may allow, by 

order of the Commission, that some or all gaming licenses and work permits may be 

renewed every two (2) years, after the first two (2) annual renewals. The Commission 

shall promptly provide notification to the National Indian Gaming Commission of 

renewals of license and other notifications as may be required by an applicable TribalState Compact. Without limiting the foregoing, the Commission must automatically 

deny or revoke gaming licenses or permits to persons: 

(I) 

(2) 

(3) 

(4) 

(5) 

§15-1-18 

who have been convicted of a felony in any jurisdiction of any crime of moral 

turpitude; 

who have been convicted of a violation or conspiracy to violate the provisions of 

this Title or the Indian Gaming Regulatory Act or other federal laws relating to 

involvement in gaming without required licenses or willful evasion of gaming 

fees or taxes; 

having a notorious or unsavory reputation or association with such individuals 

which adversely affect public confidence and trust in gaming; 

whose license or work permit would violate applicable conflict of interest rules; 

who are individual applicants under the age of twenty-one (21 ). 

Licenses for Vendors 

(1) Vendors of gaming services or supplies, with a value of $25,000 or more 

annually, must have a vendor license from the Tribal Gaming Commission in order to transact 

13 
business with the Tribal gaming operation. Contracts for professional legal and accounting 

services are excluded from this Section. 

(2) In order to obtain a gaming vendor license, the business must complete a vendor 

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

include those officers, directors, managers, owners, partners, and non-institutional stockholders 

that either own 10% or more of the business' stock or are the I 0 largest stockholders, as well as 

the on-site supervisors or managers designated in an agreement with the Tribe, if applicable. 

(3) Applications for gaming vendor licenses must include the following: 

(a). Name of business, business address, business telephone number(s), federal 

tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business address), 

any other names used by the applicant in business, and type of service(s) 

applicant will provide; 

(b ). Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship or other entity; 

(c). If the applicant is a corporation or limited liability company, the state of 

incorporation or formation, and if such is not the State of Mississippi, the 

qualification to do business in the State of Mississippi; 

(d). Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals; 

( e ). General description of the business and its activities; 

(f). Whether the applicant will be investing in, or loaning money to, the 

gaming operation, and, if so, how much; 

(g). A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses; 

(h). A list of Indian tribes with which the vendor has an existing or previous 

business relationship, including ownership, financial or management 

interests in any non-gaming activity; 

(i). Names, addresses and telephone numbers of three (3) business references 

with whom the company has regularly done business for the last five (5) 

years; 

14 
G). The name and address of any licensing or regulatory agency with which 

the business has filed an application for a license or permit related to 

gaming, whether or not such license or permit was granted; 

(k). If the business has ever had a license revoked for any reason, the 

circumstances involved; 

(I). A list of lawsuits to which the business has been a defendant, including the 

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

any; 

(m). A list of the business' funding sources and any liabilities of $50,000 or 

more; 

(n). A list of the principals of the business, their social security numbers, 

addresses, telephone numbers, titles and percentage of ownership in the 

company; and 

( o ). Any further information the Tribe deems relevant. 

(4) The following notice shall be placed on the application for a vendor and its 

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

grounds for denial or revocation of the Tribe's vendor license. 

(5) A vendor may submit to the Commission a copy of a recent license application to 

another jurisdiction if it contains the information listed above. The vendor will be required to 

submit, in writing, any changes in the information requested by the Tribe not contained in the 

other application. 

§15-1-19 Indemnity 

The Commission shall indemnify, where Commission funds are available, any past, present, or 

future Commissioner for actual losses, expenses, costs of defense or liabilities incurred in 

connection with any claim or suit brought against the Commissioner for alleged negligence of 

wrongful conduct while providing service to the Commission; provided, however, that no 

Commissioner shall be indemnified in connection with any claim or liability arising out of the 

Commissioner's own willful misconduct, bad faith or conduct outside the scope of his 

authorized powers or duties set forth in this title, and provided further that this indemnity shall 

be limited to the extent that insurance coverage does not adequately indemnify or make the 

Commissioner whole. 

§15-1-20 Commission Staffing 

(I) The Commission shall adhere to standardized Tribal personnel and 

administrative practices in regard to any staff recruitment, employment, 

reduction in force, promotion, training and related employment actions to a 

15 
(2) 

§15-1-21 

publicly announced policy and practice of extending preferential treatment to 

Indians living on or near the Choctaw lndianReservation. The Commission is 

empowered to employ non-Indians when no qualified Indian living on or near 

the Choctaw Indian Reservation can be recruited, trained or upgraded to fill the 

given hiring need of the Commission. 

The Commission shall authorize the establishment, abolishment, hiring and 

termination, of any and all staff positions, and shall compensate persons in all 

positions at amounts within funding or budgets approved by the Tribal Council. 

Further, the Commission may hire a General Counsel and other persons as 

necessary for purposes of consultation, investigations, or operational support of 

the Commission and shall compensate such persons at amounts within funding or 

budgets approved by the Tribal Council.. 

Amendments 

Amendments to this Title may be proposed by the Commissioners in the form of a 

revised ordinance, a copy of which must be served by mail to the Tribal Chief at least 

two (2) weeks in advance of the Tribal Council meeting at which it is to be introduced. 

An amended ordinance thereafter adopted by the Tribal Council shall become effective 

upon passage, subject to approval by the NIGC chair. 

§15-1-22 Complaints 

Any gaming participant wishing to contest an action of a licensed gaming entity or 

gaming official or employee must submit a complaint in writing to the Choctaw Gaming 

Commission within ten (I 0) days of the contested action. The Commission, by majority 

vote, may determine to hold hearings, conduct an investigation, dismiss or affirm the 

complaint and order appropriate remedial actions or decide to pursue civil or criminal 

penalties against the gaming entity or gaming official or employee. 

§15-1-23 

(I) 

(2) 

Authority with Respect to Licenses and Permits; Enforcement Powers 

The Commission shall exercise its continuing gaming oversight and shall issue, 

renew or disapprove any application or limit, suspend or revoke gaming licenses 

and work permits consistent with the provisions of this Title. Any license or 

work permit granted under this Title is a revocable privilege, and no licensee or 

permittee holds any vested right to such license. 

The Commission is authorized to carry out investigations of all prospective and 

existing gaming licensees, to initiate hearings and to conduct or cause to be 

conducted announced or unannounced inspections of all gaming premises in 

order to ensure compliance with Tribal and federal law and applicable 

requirements or any Tribal-State Compact. All licensees are obligated to comply 

immediately to such Commission requests for information and review of all 

licensee papers, books and records, or inspection of premises on an announced or 

16 
unannounced basis. 

(3) The Commission may hold hearings, take testimony, receive evidence and 

administer oaths or affirmations to witnesses appearing before the Commission 

in accordance with procedural rules to be adopted by the Commission. 

§15-1-24 

(4) The Commission, within three (3) months from the effective date of this 

Title, shall submit to the Tribal Council through the Tribal Chief proposed 

regulations setting forth civil fines, penalties, license or work permit suspensions 

or revocations that may be imposed by the Commission against a licensee or 

other gaming employee for any violation of this Title or regulations adopted 

pursuant to this Title. Without limiting the foregoing, such regulations shall not 

restrict the Tribal Council or the Tribal Chief from exercising contractual rights 

to terminate any gaming management contract or exercise other contractual 

remedies due to default or breach of the management contract by the 

management contractor. 

(5) The Commission may, when its investigations of gaming indicate a 

violation of federal or Tribal criminal law, provide information of indicated 

violations to appropriate law enforcement officials. It is hereby recognized that 

theft from gaming establishments on Indian lands and thefts by officers or 

employees of such gaming establishments are punishable by substantial fines and 

imprisonments pursuant to 25 U.S.C. §§1167-1168, and that Tribal operators and 

management contractors may be separately fined up to$25,000 per violation of 

this Title or the Indian Gaming Regulatory Act by the Chairman of the National 

Indian Gaming Commission. 

Jurisdiction 

The Mississippi Band of Choctaw Indians' Courts shall have jurisdiction over all 

violations of this Title and over all persons who are parties to a management contract 

entered pursuant hereto, except where otherwise provided by federal statute or 

applicable Tribal-State Compact, or where arbitration is provided for as an exclusive 

remedy by contract, and may grant relief as is necessary and proper for the enforcement 

of this Title and of the provisions of any management contract entered pursuant thereto, 

including but not limited to injunctive relief against acts in violation thereof. Nothing, 

however, in this title shall be construed to authorize or require the criminal trial and 

punishment in Tribal courts of non-Indians except to the extent allowed by any 

applicable present or future Act of Congress or any applicable federal court decisions. 

§15-1-25 Designation of Tribal Agent under 25 CFR 519 

Pursuant to 25 CFR 519, the Tribal Chief is hereby designated as the agent for the 

service for the Mississippi Band of Choctaw Indians of any official determination, order 

or notice of violation of the National Indian Gaming Commission and the official 

address for such notification shall be: 

17 
STREET ADDRESS 

The Office of the Chief 

of Choctaw Indians 

(Tribal Administration Building) 

I 0 I Industrial Rd. 

Philadelphia, MS 39350 

TELEPHONE 

Office: (601) 656-5251 

Fax: (601) 656-1992 

POST OFFICE ADDRESS 

The Office of the Chief Mississippi Band 

P.O. Box 6010 

Choctaw Station 

Philadelphia, MS 39350 

This official designation of an agent and address shall remain in force and effect until 

changed in writing with acknowledgment of receipt by the National Indian Gaming 

Commission. 

§15-1-26 Sole Proprietary Interest 

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

of all the (1) Tribe's gaming operations, both for Class II and Class III gaming. 

§15-1-27 Authority to Adopt, Amend, Repeal Regulations 

The Commission shall, from time to time, adopt, amend or repeal such regulations 

consistent with this Title as it may deem necessary or desirable, subject to review and 

approval by the Tribal Council. 

§15-1-28 Future Amendments 

Should any provision or definition of this Title be found to be incomplete or in variance 

with applicable Federal or Tribal Law or with regulations promulgated by the National 

Indian Gaming Commission, now in existence or as may be from time to time amended, 

then the terms of this Title shall be deemed to be conformed to said laws or regulations 

and the same shall be considered to be incorporated herein without further action of the 

Tribal Council. 

CHAPTER 2. CLASS II GAMING 

§15-2-1 Games of Chance 

This Part shall govern all Class II gaming activities on Tribal lands within the Tribe's 

jurisdiction as defined in the Indian Gaming Regulatory Act, Public Law 100-497, 102 

Stat. 2467, including and as may be amended by any amendments to Public Law 100-

497, and as defined and interpreted by the National Indian Gaming Commission in 

18 
regulations promulgated pursuant to Public Law I 00-497: 

Class II gaming means: 

(I) Bingo or lotto [whether or not electronic, computer or other technologic aids are 

used] when players: 

(a) play for prizes with cards bearing numbers or other designations; 

(b) cover numbers or designations when object, similarly numbered or 

designated, are drawn or electronically detennined; and 

(c) win the game by being the first person to cover a designated pattern on 

such cards. 

(2) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, 

instant bingo, and other games similar to bingo; and 

(3) Non-banking card games that: 

§15-2-2 

(a) state law explicitly authorizes, or does not explicitly prohibit and are 

played legally anywhere in the state; and 

(b) players play in confonnity with state laws and regulations concerning 

hours, periods of operation, and limitations on wagers and pot sizes. [Per 

Ordinance 16-V ( 1993)] 

Commission's Powers and Duties for Class II 

The Choctaw Gaming Commission will have the following powers and duties with 

respect to Class II gaming on Tribal trust lands: 

(I) to act in accordance with §§ 15-1-14-15-1-17 to issue, re-issue or decline to issue, 

suspend or revoke Class II licenses and work permits to management 

contractors, primary gaming entities, primary officials, key employees and work 

pennittees with a separate license required for each place or facility at which 

Class II gaming is conducted; 

(2) to conduct background investigations and continuing oversight of any or all of 

the primary management officials, key employees and work permittees of the 

gaming entity or contractor, and to make known the results of those 

investigations to the Tribal Chief and the National Indian Gaming Commission 

prior to the issuance of any Class II license; 

(3) to preclude employment by Class II gaming enterprises of any person meeting 

the standards established in § 15-1-17; 

19 
(4) 

(5) 

(6) 

(7) 

(8) 

§15-2-3 

to cause to be held annual audits of Class II gaming operations and to submit 

those audits to the National Indian Gaming Commission and to submit those 

audits, with any recommendations, to the Tribal Council through the Tribal 

Chief; 

to inspect Class II gaming activities at any time with or without notice to the 

entity holding the management contract or other licensee; 

to monitor compliance of the Tribe and any management contractor and 

licensees and permittees with provisions of any applicable management contract, 

Class II regulations promulgated by the Commission, and any other applicable 

federal and Tribal laws; 

to collect or cause to be collected and paid to the National Indian Gaming 

Commission fees levied on gross Class II gaming revenues pursuant to the 

Indian Gaming Regulatory Act; and 

to exercise such other powers and responsibilities as are delegated to it by the 

Tribal Council. 

Tribal Gaming Only 

The Mississippi Band of Choctaw Indians shall have sole proprietary interest in and 

responsibility for any Class II gaming on designated Tribal trust lands, and the Tribal 

Chief of the Mississippi Band of Choctaw Indians may enter into a contract, subject to 

approval by the Tribal Council and the Chairman of the National Indian Gaming 

Commission, with an entity, public or private, to manage Class II operations. No person 

may hold, operate or conduct any Class II game or games on Tribal trust lands except 

Tribal Class II games conducted by the Mississippi Band of Choctaw Indians m 

accordance with the provisions of this Title and the Indian Gaming Regulatory Act. 

§15-2-4 Location/Gaming Facility License 

No Class II gaming shall take place within the jurisdiction of the Mississippi Band of 

Choctaw Indians unless the location has been approved by the Tribal Council and the 

gaming facility at that location has been duly licensed by the Choctaw Gaming 

Commission in conformity with Choctaw Tribal Council Resolution CHO I 0-102 and 

the applicable NIGC regulations. 

§15-2-5 Hours and Rules 

The Choctaw Gaming Commission shall regulate compliance with the hours and rules 

specified in regulations to be issued by the Commission for Class II gaming activities; 

but shall not restrict gaming hours to less than the specified time frame in any gaming 

management contract. Each Class II gaming facility must conspicuously display notice 

20 
of hours and rules of play. 

§15-2-6 Minors Prohibited 

No one under the age of twenty-one (21) years may be permitted on the premises of 

Tribal Class II gaming facility. 

§15-2-7 

§15-2-8 

Class II Net Revenues 

( 1) Net revenues to the Tribe from Class II operations shall be used to fund 

Tribal government operations or programs, to provide for the general welfare 

of the members of the Tribe, to promote economic development, to donate to 

charitable organizations or to help fund the operations of local government 

agencies, and shall be expended only in accordance with budgets adopted by 

resolutions of the Tribal Council. 

(2) Class II revenues shall not be used to make per capita payments except 

pursuant to a BIA-approved allocation plan and where such payments are 

otherwise authorized by the IGRA and in the Tribe's State-Tribal Gaming 

Compact. 

Audits 

Tribal Class II operations shall be subject to special, outside independent annual audits, 

which the Choctaw Gaming Commission shall cause to be held. In addition, all contracts 

or subcontracts for supplies, services or concessions for a contract amount in excess of 

$25,000 annually relating to Class II gaming shall be subject to audits which the 

Choctaw Gaming Commission shall cause to be held. The Choctaw Gaming 

Commission shall present the audit reports, with its own written findings and 

recommendations, if any, to the Tribal Council at least annually through the Tribal 

Chief. Copies of all audits shall be forwarded to the National Indian Gaming 

Commission by the Choctaw Gaming Commission. 

§15-2-9 Environment; Public Health and Safety 

The construction and maintenance of Tribal Class II gaming facilities, and the operation 

of the gaming, shall be conducted in a manner which adequately protects the 

environment and the public health and safety and shall be subject to all applicable 

building, fire and safety codes and regulations. 

§15-2-10 

(I) 

Management Contract 

Tribal Class II gaming may be operated through a management contract with a 

private or public entity which shall be adopted by the Tribal Council through 

resolution, conform with the Indian Gaming Regulatory Act and any regulations 

of the National Indian Gaming Commission, and shall also be approved by the 

21 
Chairman of the National Indian Gaming Commission, or current official of the 

Department of the Interior exercising the Commission's authority under 25 

u.s.c. §2711. 

(2) The Choctaw Gaming Commission shall require any proposed applicant for a 

Class II management contract with the Tribe to submit in duplicate the following 

information and any additional information as may be required by applicable 

laws or regulations: 

(a) the name, address and other additional pertinent background information 

on each person or entity (including individuals comprising such entity) 

having a direct financial interest in or management responsibility for, 

such contract, and, in the case of a corporation, those individuals who 

serve on the board of directors of such corporation and each of its 

stockholders who hold (directly or indirectly) five percent (5%) or more 

of its issued and outstanding stock; 

(b) a description of any previous experience that each person listed pursuant 

to subparagraph (2)(a) has had with other gaming contracts with Indian 

Tribes or with the gaming industry generally, including specifically the 

name and address of any licensing or regulatory agency with which such 

person has had a contract relating to gaming; and 

(c) a complete financial statement of each person listed pursuant to 

subparagraph (2)(a). 

The Choctaw Gaming Commission shall retain one set of such submitted 

information and forward the other set of information to the National Indian 

Gaming Commission. 

(3) Should the Choctaw Gaming Commission find that any Class II management 

contractor, primary management official, owner or key employee whose prior 

activities, criminal record, if any, or reputation, habits and associations pose a 

threat to the public interest or the Tribal interest, or to the effective regulation of 

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

and methods and activities in the conduct of gaming, the Commission shall find 

such person not eligible for employment or continued employment or association 

with the management contractor, and shall notify the holder of the management 

contract of such findings, a copy of said notification to be sent to the Tribal 

Chief. Failure of the management contractor to disassociate and remove such 

person with seventy-two (72) hours of notification by the Commission from 

Class II gaming conducted pursuant to this Title shall result in cancellation of the 

management contract and possible prosecution. 

(4) The Choctaw Gaming Commission shall consult with the Chairman of the 

National Indian Gaming Commission or current official of the Department of 

22 
§15-2-11 

Interior exercising the Commission's authority under 25 U.S.C. § 2711 as to the 

scope and cost of the background investigation to be conducted by the National 

Indian Gaming Commission as a precondition to approval of a proposed 

management contract. In order to avoid duplicative efforts and costs of 

background investigations, the Choctaw Gaming Commission may, in its 

discretion, elect to use the results of the background investigations conducted by 

the National Indian Gaming Commission to satisfy the Choctaw Gaming 

Commission's duties to conduct preliminary background investigations of 

entities proposing to enter into Class II management contracts pursuant to §I 5-II 5 of this Code. However, the Choctaw Gaming Commission shall retain the 

right and duty to update the initial investigations at least yearly. The results of 

such updated annual investigations shall be forwarded to the National Indian 

Gaming Commission. 

Violations 

Violations of this Ordinance may give rise to tribal criminal prosecutions as 

provided in the Tribe's Criminal Code. 

CHAPTER 3. CLASS III (CASINO-TYPE) GAMING 

§15-3-1 Tribal-State Compact 

The conduct of all Class III gaming act1v1tles as defined in the Indian Gaming 

Regulatory Act ("IGRA") on Tribal lands within the Tribe's jurisdiction shall be 

governed by a tribal-state compact duly executed by authorized Tribal and state officials 

or procedures adopted by the United States Secretary of Interior or other authorized 

official in lieu of such Tribal-State Compact in accordance with the IGRA. Class III 

gaming operations shall be conducted in conformity with the Tribal-State Compact, this 

Ordinance, the IGRA and otherwise applicable law not inconsistent with the Compact or 

this Ordinance. 

§15-3-2 Class III Gaming 

For purposes of this Title Class III gaming means all forms of gaming that are not class I 

gaming or Class II gaming, including but not limited to: 

(I) any house banking game, including but not limited to: 

(a) card games such as baccarat, chemin de fer, blackjack (21) and pai gow 

(if played as house banking games); 

(b) casino games such as roulette, craps and keno; 

(2) any slot machines as defined in 15 U.S.C. 117l(a)(I) and electronic or 

electromechanical facsimiles of any game of chance; 

23 
(3) any sports betting and parimutuel wagering including but not limited to wagering 

on horse racing, dog racing or jai alai; or 

(4) lotteries. 

§15-3-3 Incorporation by Reference 

All requirements of Sections 15-2-2 through 15-2-11 of this ordinance applicable to Class 

II gaming shall also apply to Class III gaming to the same extent as to Class II gaming. All 

references to Class II gaming in those provisions shall be construed to also refer to Class III 

gammg. 

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