CLASSIFlCATlON~ #21. GAMING

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NCA 12-070

CLASSIFlCATlON~ #21. GAMING

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING MCNCA TITLE 21, §1

103, CHAPTERS TWO, THREE, FIVE, SIX, EIGHT, ELEVEN AND §1 2-1 04 OF THE

GAMING CODE TO CREATE A THREE PERSON GAMING COMMISSION

Be it enacted by the National Council of the Muscogee (Creek) Nation:

FINDINGS. The National Council finds that:

In 1992, the Muscogee (Creek) Nation Public Gaming Code (“Gaming

Code”) was established through NCA 92-162 to create more self-sufficiency in its

economic internal affairs.

With the enactment of the Gaming Code, the position of a Public Gaming

Commissioner was created to oversee the administration, development, and

regulation of the Nation’s public gaming endeavors.

Since the inception of gaming within the jurisdiction of Muscogee (Creek)

Nation, the Nation has considerably expanded its gaming facilities. Currently, the

Nation operates eleven (11) gaming facilities.

The Muscogee (Creek) Nation recognizes that the gaming industiy is

• heavily regulated and it must expand its oversight capacity to meet the demand of

the compliance standards placed upon it by Federal requirements.

By increasing the number of Commissioners from one to three, it will

ensure fair oversight and licensing for all gaming employees and facilities.

SECTION ONE. AMENDMENT. MCNCA Title 21, §1-103. is hereby amended to read

as follows;

§1-103. Definitions

“Bingo” means a game in which each player receives a bingo face and

covers the squares according to the numbers, letters, or combinations of numbers and

letters that have been announced by the caller or some other designated source, such

as a random number generator licensed by the Commissioner. The humbers and

Letters called are on an object selected at random either manually, electronically, or

mechanically from a receptacle or device in which have been placed the objects bearing

the numbers, letters, or combinations of numbers and letters corresponding to the

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PICA 11-070

system usedfor designating the bingo face squares. The winner of each bingo game is

th~;p!ayer.who first properly covers a predetermined and announced pattern of squares

~j6n the bingo face being used by the player.

“Bingo ftce” means a flat piece of paper, or facsimile thereof, which is

marked off into any number of squares in any arrangement of rows, with each square

being designated by number, feller or combination of numbers and letters which cannot

be usedafter the game in which a player has used it is over.

“Commission” means the Muscoage (Creek) Nation Gaming

Commission established to perform regulatory oversight and to monitor

compliance with Tribal. Federal and applicable State regulations.

-~2 “Commissioner means the! Muscogee (Creek) Nation PubIio Gaming

Commissioner.

DE. “Electronic, computer or other technologic aid” means a device such as a

computer, telephone, cable, television, satellite or bingo blower and that when used:

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~F.

Is not a game of chance but merely assists a player or the playing

of a game;

Is readily distinguishable from the playing of a game of chance on

an electronic or electromechanical facsimile; and,

Is operated according to applicable Federal communications law.

“Gain” means the direct realization of winnings.

~G. “Gambling” means risking any money, credit, deposit or .other thing of

value for gain contingent in whole or in part upon lot, chance or the operation of a

gambling device, bUt does not include: bona fide contests of skill, speed, strength or

endurance in which awards are made only to entrants or the owners of entries; boria

fide business transactions which are valid under the law of contracts; and other acts or

transactions now or hereafter expressly authorized by law.

Gil. “Gambling device” means any unlicensed device or mechanism by the

operation of which a right to money, credits, deposits or other things of value may be

created, in return for a consideration, as the result of the operation of a substantial

element of chance; any unlicensed device or mechanism which when operated for a

consideration does not return the same value or thing of value for the same

consideration upon each operation thereof, any unlicensed device, mechanism,

furniture, fixture, construction or installation designed primarily for use in connection

with professional gambling; and any unlicensed sub-assembly or essential part

designed or intended for use in connection with any such device, mechanism, fUrniture,

fixture, construction or installation.

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NCA 12-070

4 “Gambling ~nforniatiàn” means a communication with respect to any wager

made in ~the course of and any information intended to be used for unlicensed

professional gambling. In the application of this definition the following shall be

presumed to be intended for use in professional gambling: infomiation as to wagers,

betting odds or change in betting odds.

kJ.

“Gambling premises” means any building, room, enclosure, vehicle, vessel

or other place whether open or enclosed, used or intended to be used for unhcensed

professional gambling. In the application of this definition, any place where an

unlicensed gambling device is found shall be presumed to be intended to be used for

professional gambling.

J~; “Gambling recprd” means any record, receipt, ticket, certificate, token, slip,

notation, computer, hard drive, computer diskette, computer back-up tape, CD or other

recording device given, made, used or, intended to be used in connection with

unlicensed professional gambling.

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1%. “Gaming” means games of chance or skill that are regulated by the~

Cornmissjonn.

~=M. “Gaming Operation(s)” moans all naming operations established by

the Muscogee (Creek) Nation.

MN. “Gaming vendo?’ means any person whp manufactures, distributes,

leases, repairs, rebuilds, modifies or programs:

Ahy equipment or mechanical, electromechanical or electronic

contrivance, component or machine used remotely or directly in

connection with gaming or any game which affects the result of a

wager by determining win or loss, including:

An electronic gaming machine;

A collection of two or more of the following components:

an assembled electronic circuit which cannot be

reasonable demonstrated to have any use other than

in an electronic gaming machine;

if.

a cabinet with electronic wiring and provisions for

mounting a coin, token, card or currency acceptor;

iii.

a storage medium containing the source language or

executable code of? computer program that cannot

be reasonably demonstrated to have any use other

than in an electronic gaming machine;

iv.

an assembled video display unit; or

an assembled mechanical or electromechanical

display unit intended for uèe in gambling; or

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PICA t2-O7O

vi.

assembled mechanical or electromechanical unit

which cannot be demonstrated to have any use other

than, in an electronic gaming machine.

Any item used to play a game including:

playing cards;

bingo balls;

bingo cards, bingo paper packs or paper pack components;

ball blower;

chips;

cards, tokens or any other device or machine that stores or

registers cash credit; or

a random number generator.

Links which connect to progressive gaming machines;

Equipment which affects the proper reporting of gross revenue;

Computerized devices for weighing or counting money;

Computerized syétem for recordation of sales of gaming.

14. “Instant Bingo or pull-tabs” means the activity where players purchase

outwardly identical cards from a stack of cards (the “dear). The deal includes a pre

determined number of winning and losing cards. The player opens the tab and finds out

if the card is a winner. A player obtains a paper or electronic card or ticket that may be

displayed for the player on a video monitor from a stack of similar cards or tickets. The

player opens the paper or electronic pull-tab and examines the combinations to

determine if they have a winning combination.

~E. “Key employee” means a person who performs one or more of the

following functions:

10.

11.

12.

13.

Bingo Caller;

Counting (money) room personnel;

Chief of Security and security personnel;

Custodian of gaming supplies or cash;

Floor manager;

Pit boss;

Dealer;

.Croupier;

Approver of credit;

Custodian of gaming devices, including persons with access to

cash and accounting records within such devices;

Surveillance personnel;

Gaming Operations Authority Board members;

Any person who:

Receives over $50,000.00 per year in cash compensation; or

Is one of the four most highly compensated persons in the

gaming operations.

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NCA 12-070

P9.

“Licenáe~ means the permission, by authority of the Muscogee (Creek)

:.~~~3N9t1Ofl, to do an act that without permission would be illegal, and that is granted in

writing by the Commissioner for conside~tion to a person to pursue some oàcupation

or to carry on some business, subject to regulation under the jurisdiction of The

Muscogee (Creek). Nation. A license is a privilege to go on the premises for a certain

purpose but does not operate to confer on, vest in, or license any title, interest, or estate

in Muscogee (Creek) Nation real property.

OR. “Lottery” means any procedure for the disposal or distribution of property,

including money, by chance where: (1) the players pay something of value for chances,

represented or differentiated by numbers or by combinations of numbers or by some

other designation, one or more of which chances are to be designated the winning

ones; and (2) the winning chances are to be determined by a drawing held by the

manager of the game, or by some other method based upon the element of chance;

and (3) the holders of the winning chances are to receive something of value; and (4),

when played or operated once, destroys the~ value of the chance as the prizes are

distributed.

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RS. “Nation” means the Muscogee (Creek) Nation as established under the

Muscogee (Creek) Constitution of 1979. Individual tribal towns and chartered

communities of the Muscogee (Creek) Nation are considered component, inseparable

subdivisions of the Muscogee (Creek) Nation and may only benefit from the rights and

privileges from the Muscogee (Creek) Nation under this Code.

SI. “Net Revenues” means gross gaming revenues less: all amounts paid out

as, or paid for, prizes; and total gaming related expenses, excluding management fees.

W. “Off-Track Betting” means a form of wagerin.g on the outcome of horse or

dog races, whereby all bets made on a particular race are pooled in a pari-mutuel,

combination or mutual field betting pool and then paid (less a standard management fee

to cover local costs, pooling costs, track costs, and profits) to the winning tickets.

UV. “Pari-mutuel racing” means the activity wherein participants bet a sum of

money, in predetermined increments, to wager on which horses or dogs shall place first

(or “win”), second (or “place”), or third (or “show”) in a race for a predetermined

distance. If a horse or dog is determined to have properly won the first, second, or third

place in the race, the participants who have bet upon that horse or dog are paid upon

their wager according to formulas approved under the laws or regulations of the

Muscogee (Creek) Nation. Players may also be paid upon a combination basis or upon

a mutual field basis.

WI. “Person” means a natural person, a partnership, an association of

persons, a corporation, a firm, a limited liabirity company, a sole proprietorship, a trust, a

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NCA 12.070

joint venture, a consortium, ~a èommercial entity, a Muscogee (Creek) Nation tribal

entity1a Muscogee (Creek) Nation chartered Indian community or an Indian Tribe.

WX. “Primary management official” means:

.1.

The person having management responsibility for a management

contract;

Any person who has authority:

to hire and fire employees or

to set up working policy for the gaming operations; or

The chief financial officer or other person(s), who has financial

management responsibility including members of all boards or

panels who have oversight responsibility for any tribally licensed

gaming operation.

xy: “Professional gambling” means accepting or offering to accept for profit,

money, credit, deposits or other things of value risked in unlicensed gambling, or any

claim thereon or interest therein. Without limiting the generality of this definition, the

following unlicensed activities shall be included: pool-selling and bookmaking;

maintaining slot machines, one-ball machines or variants thereof; pinball machines

which award anything other than an immediate and unrecorded right of replay; roulette

wheels; dice tables; money or merchandise pushcards, punch boards, jars or spindles

in any place accessible to the public; conducting unlicensed lotteries, gift enterprises,

policy or numbers games, or selling chances therein; conducting any unlicensed

banking or percentage game played with cards, dice or counters, or accepting any fixed

share of the stakes therein.

%~j “Progressive game” means a game in which prizes are allowed to be

carried over and increased from session to session.

Z4~. “Skill game” means a game where the player, through practice, can alter

the outcome.

AASB.”Unljcensed” means not holding a valid license issued by the

Commissioner.

BBCC.”U-PIK-EM bingo game” means a game played wherein a player selects•

the numbers in a tJ-PlK-EM bingo game. The player and the game operator both

receive the bingo face with the players selected as marked by the player. The player

then covers the numbers as the caller or some other designated source1 such as a

random number generator licensed by the Commissioner1 announces a number. The

numbers called are on an object selected at random either manually, electronically, or

meöhanicapy from a receptacle or device in which have been placed the objects bearing

the numbers: The winner of each U-PIK-EM bingo game is the player who first covers

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NcA 12470

all the, numbers appearing.on-hi~ or her bingo face in accordance with the pattern as

:designa~Ø an :the bingo féce.

CCDD.”Valuable prize” means an object or servibe worth One Hundred Dollars

ormore in fair market value.

g ~Whoever” means a natural person, a partnership, an association of

persons, a corporation, a firm, a limited liability company, a sole proprietorship, a trust, a

joiht venture, a conéortiurn, a commercial entity, a Muscogee (Creek) Nation tribal

entity,a Muscogee (Creek) Nation chartered Indian community and an Indian tribe.

SECTION TWO. AMENDMENT. MCNCA Title 21, Chapter 2 is hereby amended to

read as follows:

CHAPTER 2. PUBUG MUSCOGEE (CREEK) NATION GAMING COMMlSSloN~

§ 2-101. Office of Public Gaming Commissioner established

In order to provide for the orderly development, administration, and regulation of public

gaming, there is established the Office of Public Gaming which shall be directed by

fl~Muscogee (Creek)’ Nation RUblie Gaming Commissionef.

The Office of Public Gaming is hereby established as an independent agency and

insfrumentalfty of the Nation, possessing all powers set forth in this Title and

such other powers as are now or thereafter determined by applicable law.

§ 2-102. Appolntrnent.and term of office

The. Commission shall be comQrised of three members, two of whom shall be

citizens of the Muscogee (Creek)lation.

A~~oiñhnent Commissioners shall be nominated by The

Principal Chief shall nominate a preferred oitiaen of the Muàoogee (Creek) Nation or the

best qualified-individual to serve-as the Commissioner, subject to confirmation by the

National Council by duly adopted Tribal Resolution. The Commissioner’s term will be

for a period of not to exceed four (4) years without holdover, to-expire at the end of the

tent of offise of the Prinsipal Chief who made the appointment; provided that a

Commissioner may serve more than one (1) term in office and subject to the

provisions of Subsections B, C. and D. The ~ Coitmissioner shall be subject to a

background investigation which shalt contain the same information as required from ~y

Chapter 3 of this Title for gaming license applicants. The background investigation

shall be completed by the Attorney General or a company selected by the Attorney

General that performs background investigations. All costs associated with the

background investigation shall be borne-by the Office of Public’ Gaming. •The findings

shall be presented to iP~ National Council in Executive e~ession. The background

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NCR 12470

investigation and findings shall, be confidential and no copies of the investigation shall

beretained. The original shall be kept in the Office of Public Gaming with the gaming

ricense applications.

Severance Clause. If any part or provisien hereof shall be held void by

tribal or federal court, the desisien of the court so holding, shall net affect or impair any

of the remaining previsions hereeL Qualifications. Nominees must be at least

twenty-five (25) years of ape or older and must have the following aualifications:

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4•

5$.

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Obtained a Bachelor’s Degree in either Accounting. Business

Administration. Finance. Criminal JUstice or other related

fields; And possess two years of gaming experience; or have a

minimum of five years experience of any combination of the

following;

Law Enforcement:

Business Management;

Accounting or Finance:

Management or Reaulatori., experience within the private

sector or a governmental agency, orebrably tribal

qQvernment; or

Gaming Experience in one or more of the following

areas: regulation, operations, licensing, auditing.

administrative

hOarings

decision-making,

background

investigations,

surveillance,

law

enforcement or information technology.

Submit to and successfully comDly with criminal and civil

background investigations and meet the Nation’s suitability

standards which will be at least as stringent as the standards

established for key employees and primary management

officials.

Have no prior adult criminal record or conviction of, or entry of

a plea of guilty or no contest to any of the following in any

jurisdiction, unless pardoned:

A felony within the last ten years;

Any gaming-related offense;

Any crime of dishonest~,, including, but not limited to.

fraud, misrepresent~tjon, theft or deception in any form:

Po5senion of a valid driver’s license and proper insurance;

and

Not be a primary management official, or owner or controlling

person with respect to any management contract or vendor

contract.

Term. To establish a staggered Commission appointment schedule,

the first.CornmissionsIlall be established as follows: The term at Commissioner

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NCA 12-070

One shall begin upon confirmation and shall continue his or her term until

December 31. 2013. The term of Commissioner Two ihall begin upon

confirmation and shall continue his or her term until December 31. 2014 The term

of Commissioner Three shall begin upon confirmation and shall continue his or

her term until Deôember 31, 2015.

Thereafter, all successive terms of appointment for a Commissióner shall run for

four U) years which expire on December31 of the respective years.

VacancIes. If any Commissioner is removed Pursuant to the

provisions of Section 2-104, resigns, dies, or for any reason becomes unable to

continue serving on the Commission, the Principal Chief shall nominate a person.

subipct to confirmation by the National Council by duly adopted ‘Mbal

Resolution, to fill such vacancy, Such appointment shall be for the balance of the

unexpired term of the Commissioner being replaced without holdover.

ChairpersonlMeetings, The Commission shall elect a Chairpersofl

and a Vice-ChaIrpe~on, Meetings shall be held at least twice a month, and not

more than once a week. Unless designated specifically in thistitle or by notice of

the Commission;mntinps of the Commission are not open meetings; howeveL

the voting results of all resolutions, and regulatjon~ or any other official acts

must be documented on the official document and executed by the Commission

Chairperson. All CommissIoners shall immediately be notified of all meetings of

the Commission; Two Commissioners shall designate a quorum, and all official

decisions of the Commission shall be by a malority vote.

§ 2- 103. Outside emptéyment and a Activities of Commissioners and Compensation

The ~ 2fl! Commissioner shall be full time and two Commissioners shall be

part time who may not hold other tribal positions except temporary duties assigned -by

&esutive Order to be performed without increase in compensation. The full time

Commissioners may not be employed outside this Commission, of the Nation.

In addition to the duties and responsibilities delineated to the commission

and Commissioners under this Title, the full time Commissioner shall have thE

authority to suóervlse the day to day operations of the Office of ~G ‘Public

Gaming, approve leave timeand conduct employee evaluations, and other tasks

approved by the Commission that are adminisfratjve and ministerial.

The full time Commissioner shall be a full time employee 6! the Nation with

~n annual salary and benefits. The oart time Commissioners shall be

compensated at $400.00 a meeting.

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tWA 12-070

Commissioners are prohibited from gambling in .a Gaming Operation and

are Draft ibited from accepting complimentary items from a Gaming Operation or a

vendor of a Gaming Operation excepting food and beverage valued at under

$50.00 and nominal Items that may be routinelygiven to the Public.

The Each Commissioner shall post a ~ bond

with the Muscogee (Creek)

Nation in the amount of One Hundred Thousand Dollars ($100,000.00).

§ 2-104. Removal from Office

TheA Commiasoner may tender his or her written resignation at any

time. A Commissioner may be removed from office prior to the end of any term for

cause in accordance with Chapter 1 of Title 31 (Title 31, § 1-101 et seq.) of the Code of

Laws of the Muscogee (Creek) Nation, including any one or more of the following

causes as set forth in a written petition under the provisions of Title 31:

10.

Dishonesty, gross misconduct or incompetence in office:

Conviction of a felony under federal; state or tribal law:

Committing any act or encaging in any activity which would

constitute a criminal offense involving dishonest~, or moral

turpitude under federal, state or tribal law;

DIrectly or indirectly engaging in any activities or transactions

constituting a conflict of interest under the laws of the

Muscoae4creek) Nitlon or any other applicable laws, rules or

regulations;

Being employed by any of the following: Muscogee (Creek)

Nation, any board, agency or entity of the Muscogee (Creek)

Nation, or any Chartered Indian Community;

Willful failure to disclose material information or facts; or

Material violation of this title;

Excessive unexcused absences:

Using the position as Commissioner to give nreferentjal

treatment to any private organization or individual, including

members of a Commissioner’s Immediate family;

Unauthorized use of Office of Public Gaming funds.

~ 2-105. Duties

The Commissioner shall be charged with the responsibility of administering and

enforcing the provisions of this title. It shail be the responsibility of the Commissioner

to promulgate regulations necessary to administer provisions of this title. These duties

shaj[ include but not be limited to the following:

Printing and making available application forms for initial and

renewal licenses, as well.as any other necessary licenses.

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NCA 12-070

Supervising the collection of all fees and toxoc prescribed in this

title.

Processing all license applications.

Issuing licenses.

Determining applicable license fees as provided in the Gaming

Code.

Auditing all returns.

Reviewing all gaming operation contracts vendor contracts.

records, documents, and anything else necessary and pertinent to

the financial accountabilities of licensees or to tho enforcement of

any provision of this tiNe or Office of Public Gaming regulations. to

determine compliance with tribal and federal laws and

regulations, including Office of Public Gaming regulations and

Minimum Internal Control Standards.

Denying any application, limitj~g, conditionj~q, suspending, or

restricting ény license or permit, making a finding of suitability or

approval of the license or permit, or a finding of suitability or

approval of or the imposition of a fine upon any person licensed or

permitted for any cause deemed reasonable by the Commissioner.

Performing any other duties as required by law in tho title or any

amendments thereto or other duties thth may hereafter be specified

by tho Commissionor.

10. Employing legal counsel with fl~p consent of the Muscogee (Creek)

Nation and subject to approval by Tribal Resolution. under

app!ioablo laws.

11. Defending this title in any court of law in consultation and with the

concurrence of the Attomey.General.

12. Acting as designee agent far service ef process for any legal

disputes that may arise at any of the Natien’s gaming facilities.

§ 2-106. Authority of Commissioner

The Commissioner may exercise any proper power and authority necessary to perform

the Øuties assigned by this title. Regular and special meetings of the Commissioner

may be held; at the discretion of the Commissioner, at such time and places as may be

convenient and open to fribal members, with notice posted in a public place at Ieast-24

hours prior to the meeting. The Commissioner may employ staff and organize any

functional divisions as may be necessary. The Commission may aR4 from time to time

alter such plan of organization as may be expedient. The Commissioner shall

recommend to the Office of Public Gaming a budget for operations to the Controller of

the Muscogee (Creek) Nation, and take any other steps necessary to fulfill duties and

responsibifltjes under this title. In adopting, amending, or repealing any Office of Public

Gaming regulations, the Commissioner shall give prior notice of the propOsed action to

all licensees and other persons whom the Commissioner has reason to believe have a

legitimate and bona fide interest in such propocod actionjncluding the Office of the

Principal ChieL Attorney General and the National Council.

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NCA 12-070

SECTION THREE. AMENDMENT. The following Sub-Chapters and Sub-Sections of

MCNCA Title 21, Chapter3 are hereby amended to read as follows:

3-101. License required

‘~

Any other forms of Public Gaming operations being conducted within the

jurisdiction of the Muscogee (Creek) Nation without the lawful written approval ofthe

Commissioner are prohibited.

§3-103. Classes and Fees

Class “S. Satellite Bingo is the activity wherein bingo games are

electronically transmitted by the utilization of live or prerecorded pictures or data from

predesignated satellites owned, leased, or through use of agreement to authorized

sending units, places or areas, at an annual rate of $1 ,200ffor the revocable privilege of

transmitting, satellite bingo games into a specific location within the reservation, “Class

8” licensees shall abide by this title and all rules and regulations promulgated by the

Commissioner. Approval of leases or contracts for satellite bingo enterprises between

the Muscogee (Creek) Nation and any third party will be approved by law.

‘~ 3-104. Exemptions

Charitable Raffles. Selling chances. on any item(s) and/or service(s) in

order to raise funds for any church, ceremonial ground, or chartered community, or for

other charitable purposes recognized in regulations issued by the Commissioner,

§3-105. Licensing requirements for chartered communities

All chartered communities must have current and valid authorization to use Muscogee

(Creek) Nation property in order to obtain~ a license to conduct gaming. Such

authorization must comply with all Muscogee (Creek) Nation laws. For purposes of

gaming license requirements, the community chairperson, vice-chairperson and

treasurer shall be deemed to be primary management officials. If the Commissioner

determines that a community chairperson, vice-chairperson or treasurer is not eligible

for a gaming license, then the community shall be precluded from operating any gaming

facility so long as such person shall remain in office as a community official.

§ 3-107. License applications; notices

The Commissioner shall notify in wilting existing gaming licensees that

they shall either:

§ 3:108. License applications; background investigations

The Commissioner shall request from each gaming license applicant al[of

the following information:

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NCAI2-070

13.

14.

My other information the Tribc Commission deems relevant; and

Fingerprints consistent with procedures adopted by the Tribe fl~j~

Title.

The Commissioner shall conduct an investigation sufficient to make a

determination of license eligibility pursuant to Title 21, § 3-109. In conducting a

background investigation, the Commissioner or Ns j~ agent shall promise to keep

confidential the identity of each person Interviewed in the course of the investigation.

§ 3-109. License eligibility determination

The Commissioner shall review an applicant’s prior activities, criminal record, if any,

and reputation, habits and associations to make a finding concerning the eligibility of a

license applicant for employment ma gaming operation.

If the Commissioner determines that employment of the person poses a threat to the

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

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

gaming, the Commissioner shall not issue a license to the applicant.

~ 3-110. Procedures for Forwarding license applications and reports to the NIGC

When a gaming license applicant begins work at a gaming operation

authorized by this law, the Commissioner shall forward to the NIGC a completed

application for employment, the background investigation and make the eligibility

determination referred tam Title 21, § 3-109.

The Commissjoñeje shall prepare and forward to the NIGC an

investigative report on each background investigation. An investigative report shall

include all of the following:

j~a~

2b.

4.d~

Steps taken in conducting a background investigation;

Results obtained;

Conclusions reached; and

The basis for those conclusions.

The Commissioner shall submit with the investigation report a copy of the

Commissioner’s eligibility determination.

If a license is not issued to an applicant, the Commissioner shall notify

the NIGC and may forward copies of its eligibility determination and investigative report

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

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NCA 12.070

The Commissioner shall retain license applicationsancj reports (if any) of

background investigations for inspection by the Chairman of the NIGC or his or her

designee for no less than 3 years from the date of termination of employment.

§ 3-111. Granting a gamin~ license

If within a 30 clay period after the NIOC receives a report, the NIGC

notifies the tribe Nation that it has no objection to the issuance of a license to-a gaming

license application for whom the tribe Nation has provided an application and

investigative report to the Nice, the Commissioner may issue a license to such

applicant.

The Commissioner shall respond to a request for additional information

from the Chairman of the NIGC concerning a gaming license applicant who is the

subject of a report. Such request shati suspend the 30 day period under paragraph I of

subsection S of this section until the Chairman of the NIGC receives the additional

information.

If within the 30 day period described above, the NIGC provides the

Commissioner with a statement itemizing objections to the issuance of a license to a

gaming license applicant for whom the Commissioner has provided an application and

investigative report to the NIGC, the Commissioner shall reconsider the application,

taking into account the objections itemized by the NIGC. The Commissione, shall make

the final decision whether to issue a license to such applicant.

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§ 3-112. License suspension

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A.4r If after the issuance of a gaming license, the Commissioner receives from

the NIGC reliable information indicating that a gaming license applicant is not eligible for

a license, the Commission., shall suspend such license and shall notify in writing the

licensee of the suspension and the proposed revocation..

~ The Commissioner shall notify the licensee of a time and a place for the

hearing on the proposed revocation.

ça~ After a revocation hearing, the Commissioner shall decide to revoke or to

reinstate a gaming license. The Commissione, shall notify the NIGC of the decision.

The CommIssion may susDend licenses for: other reasons in

accordance with M1-109.

When a licensee changes location of gaming activities within the Muscogee (Creek)

Nation, the Commissioner shall issue a corrected license for the balance ofthe current

period reflecting the new address upon reasonable proof of change of address and

without imposition of an additiqnal license fee.

Page 15 of 31

PICA 12-070

§ 3-115. Fees

Each application for an initial or renewal license shall be accompanied by payment of

the license fee. The Commissioner’s determination of the type of license required fee

properly owed under this title shall be final. This fee is imposed for the revocable

privilege of being licensed to engage in public gaming activities within the Muscogee

(Creek) Nation. All license fees shall be paid to the Treasury of the Muscogee (Creek)

Nation.

§ 3-116. Non-transferability

The license issued pursuant to the provisions of this title is valid only for the person at

the place of business shown on the face thereof. it is not assignable or otherwise

transferable to any other person or for any other location without the written approval of

the Commissioner.

§ 3-117. Licenses revocable

A license is a revocable privilege, and no holder thereof shall be deemed to have a part

in any vested rights therein. The burden of proving qualifications to hold any license

rests at all times in the licensee. The Commissioner is charged by law with the duty of

continually observing the conduct of all licensees to the end that licenseá shall not be

held by unqualified or disqualified persons or persons whose operations are conducted

in an unsuitable or questionable manner.

§ 3-118. Violations

Violations of any provisions of this title or any of the Commissioner’s regulations by a

licensee, his

agent or employee shall be deemed contrary to the public heafth,

safety, morals, good order, and general welfare of the MuscOgee (Creek) Nation and

grounds for refusing to grant or renew a license; grounds for suspension or revocation

of a license; grounds for the filing of criminal charges; or grounds for a civil action.

Acceptance by a licensee of a license, its renewal, or condition imposed thereon,

constitutes an agreement on the part of the licensee to be bound by all the regulations

of the Commissioner and the provisions of this title as they are now or may hereafter be

amended or promulgated. It is the responsibility of the licensee to ~ keep himself

informed of the contents of all such regulations and provisions, and ignorance thereof

failure to stay informed will not excuse the violations.

§ 3~1 19. Review of Contracts

As a provision of licensing, no facility shall be operated pursuant to a management

agreement or contracts, and no facility shall operate gaming devices pursuant to a

vendor agreement or contract, until said facility has aoquired the review of the Gaming

Page 16 of 31

NCA 12-070.

Commissioner for purposes of determining whether the said agreement or contract, or

the gaming device which is the subject of the agreement or contract, complies with

applicable law. All other leases, contracts or other agreements involving gaming

activities shall be provided to the Gaming Commissioner for review.

§ 3-120. Review of Lease

No licensee shall conduct any activity authorized under this title upon any premises, if

the lease, license, contract, or any other agreement under which right to use said

premises is not first fully disclosed to the Commissioner. A chattered Indian community

must have a valid facility-use agreement with the Muscogee (Creek) Nation to conduct

gaming at that location.

SECTIONS FOUR. AMENDMENt The following Sub-Chapters and Sub-Sections of

MCNCA Title 21, ChapterS are hereby amended to read as follows:

5-101. Records, Returns and Audits

It shall be the responsibility of the Commissioner to promulgate regulations establishing

proper accounting procedures and methods of operations for all licensees of gaming

facilities, so that all monies or things of value received andlor paid out may be properly

monitored and accounted for. All licensees of gaming facilities shall be required té keep

an approved accounting system, which shall comply with, but not be limited to all

applicable provisions of this code or regulations of the Commissioner. Said accounting

system shall reflect all business and financial transactions involved or connected in any

manner with the operation and conducting of activities authorized by this title.

§ 5-102. Licensee Avoidance of Payment of Proceeds

Any delay, maneuver or action of any kind, which in the opinion of the Commissioner, is

effectuated by any licensee to unlawfully avoid paying the proceeds properly owing to

the Muscogee (Creek) Nation shall constitute grounds for taking any diseiplinary action

deemed necessary by the Commissioner, including but not limited to~ fining, revoking,

suspending, limiting; or refusing to renew the license of any licensee.

§5-103. Production of Records; Hearings

No applicant, licensee, or employee thereof shall neglect or refuse to produce records

or evidence under their control, or to give information upon proper and lawful demand

by the Commfssioner, or shall otherwise interfere with any proper arid lawful efforts by

the Commissioner to produce such information. The Commissioner may summon any

licensee or a licensee’s agents, employees, or suppliers to appear to testify with regard

to the conduct of any licensee or the agents, employees, or suppliers of any licensee.

All such testimony shall be given under oath and may embrace any matters, which. the

Commissioner may deem relevant to th~ discharge of his ft~ official duties. Any person

• Page 17 of 31

NCAI2-070

so summoned to appear shall have the right to be represented by counsel. Any

testimony so taken may be used by the Commissioner as evidence in any proceeding

or matter before the Commissioner or the Tribal gistrict Courts of the Muscocee

(Creek) Nation or, which may later come before the Commissioner or the Tribal District

Court! of the Muscopee (Creek) Nation. Failure to so appear and testify fully at the

time and place designated, unless excused, shall constitute grounds for revocation or

suspension of any license held by the person summoned, his principal, or employee1 or

the loss of the privilege to further supply any person licensed under this title.

§ 5-104. Dual Employment

Unless prior written approval is obtained from the Commissioner, no person employed

in the conduct of Public Gaming operating under one license shall be employed under

any other license authorized to operate under this Title.

§ 5-1 11. Licensee Responsibility

Licensees must supervise and be directly responsible for all activities on their premises

authorized by license under this title, except as specifically outlined in Management

Agreements approved by National Council J≥~ Tribal Resolution and the Commissioner.

Provided that a tribal entity or the Gaming Operations Authority Board may contract with

one of the Nation’s wholly owned Tribal Travel Plazas for operation and iupervision of

the gaming operation within the particular Travel Plaza of the Nation, subject to the

contract, and any amendments thereto being reviewed and approved by the

Commissioner. Be it further provided, that any such Travel Plaza contract shall in no

way relieve the licensee of any of its duties and responsibilities under the Nation’s

gaming laws and regulations.

§ 5-112. Safety and Welfare

It is the policy of the Commission., and the Muscogee (Creek) Nation to require that all

establishments, wherein gaming is conducted within the Nation, be operated in a

manner suitable to protect the public health, safety, morals, good order, and general

welfare of the inhabitants of the Muscopee (Creek) Nation recervatiori. Responsibility

for the employment and maintenance of suitable methods of operation rests with the

licensee and willful and persistent use or toleration of unsuitable methods of operation

will constitute grounds for license revocation or other disciplinary actions. All

establishments, wherein gaming operations are to be conducted, must be certified as

safe by the Commissioner prior to the issuance of a license. Any alterations or

modifications must be approved by the Commissioner.

§ 5-114. Inspection of Premises

Any premises licensed or any premises connected physically or otherwise

with .a licensed business, including vehicles used in connection therewith, shall at all

Page iS of 31

PICA 12-070

times be open to inspection by the Commissioner. At any time during which a licensed

gaming or related administrative activity is being conducted on a premises, the

Commissioner or any authorized representative of the Commissioner may enter upon

the premises without advance notice and:

Make an account of aD monies on the premises and all monies

received during the operation of the licensed activity located on the

premises, inspect all receipts for prizes which have been awarded

by the licensee;

Inspect any other records, accounts or other related information of

the licensee, or of any member who directly participates in the

management, operation, or promotion of a licensed activity; or of

any employee of the licensee; or of any operator of the licensed

activity;

Inspect, including the dismantling of all pieces of equipment or

parts thereof or devices of any nature, which are being used to.

conduct the licensed activity.

When the Commissioner finds cause to believe that there is a reasonable

probability that the provisions of this title or any regulations of the Commissioner have

been or are being violated by the licensee or its employees or operators, the

Commissioner may remove, for further inspection or investigation, any arid all records,

equipment, parts thereof, devices, or thing(s) of any nature located upon the premises

related to the operation of the licensed activity or any other gambling activity. The

Commissioner shall issue a receipt to the licensee listing each record, equipment or

parts thereof, device, or thing(s) which has been removed from the premises. Each

item removed shall be returned to the premises or the address of the licensee within ten

(10) days, except Saturdays, Sundays, and days when tribal offices are legally closed in

as good condition as it was when it was removed. The Commissione,t may retain the

items for a longer time period if it is determined that the items are neceséary for an

ongoing investigation or evidence of possible violations of this title or regulations of the

Commissioner, or for possible forfeiture. The Commissioner shall notify the licensee of

the reasons the property is to be held past the ten (10) days.

§ 5-116. Firearms

Security Guards. No security guard shall be allowed to carry on gaming

premises pistols, revolvers, rifles, shotguns, “5.8.” guns, C02 guns, or any other

firearms or air gun capable of discharging dangerous projectiles or gases without prior

written Commissioner approval. The Commissioner is authorized to issue written

approval of the use of types of firearms specified by the Commissioner by only those

security guards who have received the same minimum law enforcement training

requirements that must be met by Lighthorse officers, including annual training

requirements, background checks, drug tests and a medical examination, or those

security guards who possess a current valid armed security guard license from the

Page 19 of 31

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Muscogee (Creek) Nation or the State of Oklahoma Council on Law Enforcement

Education and Training (CLEET) or who are off-duty Jaw enforcement officers of the

Muscogee (Creek) Nation, or off-duty officers of a city, county or state. The

Commissionei± shall develop a use of force policy for armed security guards that shall

be implemented by the licensees of gaming facilities prior to Commissioner approval to

carry a firearm.

§ 5-117. Credit

• No licensee or any of its members or employees, or any operator conducting or in any

way participating in conducting any activities authorized by this Title or by the

Commissioner’s regulations, shall allow a person to play that activity on credit or shall

grant a loan of any kind at any time to a person playing the activity.

§ 5-119. Licensee shell keep a current copy of the Code and Regulations

Each licensee shall àbtain, maintain, and keep current a copy of the Public Gaming

Cede and all regulations of the Commissioner, which shall be located upon the

premises used for the conduct of a licensed activity by a licensee during all times the

activity is there conducted. The regulations shall be produced by the licensee and

shown to any person upon demand. The fact that the licensee may not have a current

copy of each of the regulations of the Commissioner shall not in any way diminish the

licensee’s obligation to abide by these regulations.

§ 5-121. Resident Agent

•

Any licensee who is not a Muscogee (Creek) Nation resident or resident corporation

shal[ designate a natural person, who is a resident living in the Muscogee (Creek)

Nation and who is eighteen (18) years of age or older, as a resident agent for the

purpose of receipt and acceptance of service of process and other communication on

behalf of the licensee. The name and business address where service of process and

delivery of niail can be made, and home address of such designated resident agent

shall be filed with the Commissioner. All licensee agents must be listed with the

COmmissioner.

§ 5-122 Progressive Payout

All licensees conducting games with a progressive payout feature will provide the Office

of Public Gaming, for approval, the system for accumulation and account restrictions of

funds so designated. The procedure and any amendments thereto must receive prior

written approval of the Commissioner.

§ 5-123 Employee List

All gaming facility employees must be listed with the Commissioner. Such lists are to

be kept current.

Page 20 of 31

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§ 5-124

Dispute resolution procedures

Disputes between the gaming public and the Muscogee (Creek) Nation (or management

contractor) should first be addressed by the licensee. In the event a satisfactory

conclusion is not reached the Commissioner shall:

Re~spond to signed complaints.

If additional information of the

circumstances is needed, a request is to be made by the Commissioner in writing.

Additional statements of individuals, who may be able to substantiate the claim or

provide additional relevant data, shall be encouraged.

Request and review any records, documents, video or audio tapes,

equipment, or arty other information deemed to be relevant by the Commissioner as

related to the dispute.

Notify the licensee and the patron reporting the complaint of the

Commissioner’s decision in writing. All decisions of the Commissioner are final.

§5-125. Receiving items of value

The Gaming Commissioner or Office of Public Gaming employee(s) shall

not accept or receive anything of value, including without limitation airfare, travel

accommodations, meals, phzes, persona! items, and apparel of any kind, from the

Gaming Operations Authority Board, any member of the Gaming Operations Authority

Board, any vendor licensed and contracted with any tribally operated gaming Casinos,

or Chartered Indian Community Casinos, potential vendors who have made application

for a gaming license and thy other person or company who is contracted to do business

with the Muscogee (Creek) Nation as a whole. Vendors who are contracted to do

business with a Muscogee (Creek) Nation tribally operated gaming Casino or any

Chartered Indian Community shall be expected to strictly adhere to the provisions set

for herein. Failure to be in compliance with this law will result in the vendors license

being revoked, and the vendor’s contract(s) with tribally operated Casinos or Chartered

Indian Communities being cancelled. Be it further provided~ this provision shall not

apply to promotional items that are given to the general public and have a value of

Twenty-five Dollars ($25.00) or less. Violation of any of the activities prohibited in this

subsection may be a criminal offense Øunishable in accordance with the Criminal

Offenses Code.

SECTION FIVE. AMENDMENT. The following Sub-Chapters and Sub-Sections of

MONCA Title 21, Chapter 6 are hereby amended to read as follows:

§6-105. Chief of Security duties

—

E. To develop posting orders relative to their respective halls after consultation

with the manager of each gaming establishment or hall, subject to review and approval

f~.

Page 21 of 31

PICA 12-070

by the Commissioner. Posting orders shall specify whether a post requires an armed

security guard, and, if so, written justification for having an armed security guard shall

be provided to the Commissioner.

§ 6-108. Lighthorse assistance in licensing standards

Lighthorse Administration may serve in an advisory capacity to the Commissioner in

preparing minimum standards for licensing security guards and provide assistance to

the Gaming Security Chief in qualifying armed security guards on the firing range.

Lighthorse Administration shall be reimbursed by the agency or department assisted for

out-of-pocket expenses incurred.

§ 6-109 Powers of Commissioner

Licensees shall provide for their facility security, provided that contracts are reviewed

and security plans, or amendments thereto are approved by the Commissioner prior to

implementation. In addition to the foregoing, the Commissioner shall have the following

powers and duties regarding security guards and investigators employed to work in any~

licensee facility.

To promulgate rules and regulations for the applications for and issuance

of licenses to security guards and investigators employed in a licensee facility in

accordance with, but not limited to all requirements contained in this Title section.

To issue a regular license and identification card to each person

authorized by him the Commission to be employed as security personnel in a licensed

facility, upon satisfaction of all requirements for the issuance of a regular license.

To issue a temporary license to any person to be employed as a seàurity

guard or investigator who is duly licensed in another recognized jurisdiction, provided

that an Oklahoma State Bureau of Investigation records check and a local records

check reveal no felony convictions, criminal convictions involving moral turpitude, or any

other disqualifying convictions as specified herein or prescribed by the Commissioner,

pending completion of the criminal history and background check and verification of

training and experience necessary for the issuance of a regular license. A temporary

license holder shall not carry a firearm in the performance of his duties until he has

been issued a regular license.

To issue a conditional license to a person employed as a trainee for a

security guard, armed security guard, or investigator position, when such person has

submitted a properly completed application, made under oath, subject to the following

conditionsE

A conditional license shall authorize such employee to perform the

same functions that regular licensees perform, but subject to

Page 22 of 31

PICA 12-070

supervision of the holder of a regular license as the Commissioner

may prescribe.

The holder of a conditional license shall complete the necessary

training requirements within one hundred eighty (180) days from

the effective date of the conditional license, after which the

conditional license shall expire.

The holder of a conditional license as an armed security guard shall

not carry a firearm in the performance of this duties until he has

completed a course in firearms training~ as prescribed by the

Commissioner, and has been issued a regular license.

A conditional license may be renewed at the discretion of the

Gaming Commissioner, if necessary to complete any training

required for a regular license.

When the Gaming Commissioner finds that a conditional license

holder has completed the required training and is otherwise

qualified for a license pursuant to the provisions of this section, the

Commissioner shall issue such person a regular license.

•E.

To deny, suspend or revoke any license and identification card issued

pursuant to this subsection act-based on, but not limited to, the following reasons:

Any erroneous or false statement in an application for license

submitted pursuant to this act

A conviction for any offense involving any felony,j any offense

involving moral turpitude;.; any offense involving a minor as a victim7

any offense involving the possession, use distribution or sale of a

controlled dangerous substance; or a plea of guilty or a plea of no

contest to any of the same in any court of competent jurisdiction;

Use of beverages containing alcohol or being under the influence of

such beverages or use of any while armed with a firearm, or while

performing his or her duties as a security person;

Knowingly impersonating a law enforcement officer;

Failure, to successfully complete any prescribed course of training

as required by.the Commissioner;

Willfully making any false report to his employer or to anyone as

required by this tTitle or any aDplicable laws;

Disclosure of any information gained by him itt his employment,

except as his employer may direct or as he may be required by law

to disclose.

The Commissione, shall require that the Muscogee Nation Gaming

Authority Security Department, each security agency, or licensee facility employing a

security guard shall at all times keep the Office of Public Gaming and the Lighthorse

Administration informed in writing of the name of each security guard, armed security

guard or investigator who shall be on duty, the post and the hours of duty at such post.

Page 23 of 31

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§ 6-110. Travel Plaza Security

A licensee operating within a Travel Plaza wholly owned as an enterprise of the

Muscogee (Creek) Nation may contract with the Travel Plaza for the gaming facility

security, allowing the security of the Nation’s Travel Plaza to also serve as the security

for the gaming operation licensee within the Travel Plaza, provided that such contracts

and amendments thereto, and security plans are reviewed and approved by the

Commissioner.

AMENDMENT. The following Sub-Chapters and Sub-Sections of

MCNCA Title 21, Chapter 8 are hereby amended to read as follows:

SECTION SIX!

§8-102. Licenses required

C. Political jurisdictions may not enact a license-fee on horse racing and may not

levy a tax on admission to races. This law vests exclusive control of the conduct of

horse racing in the Commissioner and prohibits any poiltical jurisdiction from enacting

any license-fee on the conduct of such race meetings or on pari-mutuet wagering in

connection therewith; and the levy of tax on admission of patrons of a• track is

prohibited.

§8-103. Wagering

Wagering must be conducted only by the licensee, at the times determined by the

Commissioner and only:

§8-104. Admission Charges

The Commissioner may set by regulation the admission charges to patrons for off-track

or pari-mutuel betting.

§8-106. Regulations governing off-track pari-mutuel wagering

The Commissioner, after consultation with the Gaming Operations Authority Board, may

adopt regulations for:

§8-107. Sharing of revenue

No person or governmental agency from outside this Nation may receive any

commission or otherwise share in the revenue from the conduct of off-track pari-mutuel

wagering in this Nation without the approval of the Commissioner. The Commissioner

may approve any such person or governmental agency after such investigation as the

Commissioner deems proper.

Page 24 of 31

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SECTION SEVEN. AMENDMENT. The following Sub-Chapters and Sub-Sections of

MCNCA Title 21, Chapter 11 are hereby amended to read as follows:

§ 11-104. Gambling Premises.

When any property or premise for which one or more licenses, permits, or

certificates issued by the Commissioner are in effect is determined by the Dictrict

courts of the Muscogee (Creek) Nation to be a gambling premise all such licenses,

permits, and certificates shaft be void, and no license, permit, or certificate so cancelled

shall be reissued for such property or premise for a period of six (6) months thereafter.

Enforcement of this subsection shall be the duty of the Commissioner, the Muscogee

(Creek) Nation Tax Commissioner, and any other taxing or licensing official of this

Nation.

§ 11-105. Operating without a license

It shall be a crime to engage in gaming activities without the appropriate license, in

violation of the terms imposed on the license, or in violation of this Title or

Commissioner regulations., Each day of violation shall constitute a spparate count or

violation of this Title. This crime shall be punishable by incarceration for up to one year

in jail and up to $5,000 in fines or both.

§ 11-107. Forfeiture Proceedings

The Commissioner or a Muscogee (Creek) Nation Lighthorse Officer may

seize any item subject to forfeiture immediately upon d~tection.

§ 11-108. Sanctions and Banishment

Sanctions. Any licensee who violates any of the provisions of this Title,

Office of Public Gaming regulations, or conditions of their license shall be in violation of

this title and, in addition to any criminal liability, is subject to a civil fine not to exceed

$1,000 per violation. Each day of violation shall constitute a separate violation of this

Title. Licensees who violate the Title or Office of Publlc Gaming regulations may have

their licenses suspended, revoked, or limited. Establishments in violation of this Title or

Office of. Public Gaming regulations may be forcibly closed. All such action shall be

taken at the discretion of the Commissioner.

A,B. Temporary Banishment by General Manager or Authorized Security

Personnel. The General Manager of any Muscogee (Creek) Nation gaming facility,

including a gaming facility operated by a chartered Indian community or an authorized

Security personnel of such a facility, may issue a temporary banishment notice

prohibiting a person from entering any Muscogee (Creek) Nation gaming facility for a

period not to exceed thirty (30) days. Said notice of temporary banishment may be

: served on any person, including a terminated gaming facility employee, who: (i) the

!age25 of Si

NCA 12-070

General Manager or authorized Security personnel—determines to be an immediate

threat to the safety or economic welfare of the Nation’s employees, patrons, or facilities,

(ii) is observed to violate any provision of this Title of Office of Public Gaming

Regulations at that facility, (iii) is observed to violate tribal, state, or federal law at the

that facility, or (iv) is known to have been judicially or administratively determined to

have violated any tribal, state or federal law while at any gaming activity, regardless of

where located. A temporary banishment notice shall be sewed by providing a written

notice stating the reason for the temporary banishment, the length of time of said

temporary banishment and the person’s right to a hearing before the Gaming

Commissioner prior to the expiration of the temporary banishment order. The notice of

temporary banishment shall be effective when delivered personally or be certified mail

to the last known address of the subject of the temporary banishment notice. A copy of

the notice of temporary banishment shall be delivered personally, by regular mail,

electronic mail or byfacsimile transmission to all Muscogee (Creek) Nation gaming

facilities, including gaming faóilities operated by chartered Indian communities and to

the Gaming Commissioner within forty-eight (48) hours of issuance.

aC. Gaming Commissioner Authérity. The Gaming Commissioner is

authorized to issue a final banishment order only after all conditions and requirements

of sub-section C of § 11-108 have been met in either of the following circumstances:

The Gaming Commissioner is authorized to issue a final

banishment order in appeal proceedings by the subject of a

temporary banishment notice issued by the General Manager or

Security Personnel-of a gaming facility pursuant to subsection A of

this section after affording a hearing to the appealing party in

accordance with subsection C of this.section~~

The Gaming Commission., is also authorized to issue a final

banishment order based on information obtained subsequent to

delivery to the person a notice of temporary banishment stating the

reason for temporary banishment, the length of time of said

temporary banishment and the person’s right to a hearing before

the Gaming Commissione, prior to the expiration of the temporary

banishment order; provided that the temporary banishment order

issued by the Gaming Commission~ shall be effective immediately

and shall be served personally or sent by certified mail to the last

known address of the subject of the temporarybanishrne~~ notice.

Final Banishment Order by the Gaming Commissioner. The

Gaming Commissioner may issue a final order banishing from the Nation’s gaming

facilities for a period not to exceed five (5) years to any person who the Commissioner

determines: (i) is a potential threat to the safety or economic welfare of the Nation’s

employees, patrons or facilities, (ii) has violated any provision of this title or Office of

Public Gaming regulation, (iii) has violated tribal, state or federal law while at any of the

Nation’s gaming facilities or (iv) has been judicially Or administratively determined to

Page 26 of 31

NcA iz.Oyo

have violated any tribal, state or federal law.while at any gaming facility, regardless of

where located. The Gaming Commissioner may issue a final banishment order only

after notice of hearing is served on the person stating that if the person fails to appear

and show cause why a final banishment order should not be issued, then final

banishment àrder. may be issued without right of judicial review. The Gaming

Commissioner’s final banishment order shall state specifically the reason for the

banishment the length of time of the banishment and the person’s right, if any, to

appeal the Gaming Commissioner’s banishment order to the Pistrict Court in

accordance with the Procedural requirements of § 11-110 of this Title. The final

banishment order shall be served personally or sent by certified mail to the last known

address of the subject of the banishment order.

DTE. Enforcement of Temporary Banishment Notice and Final Banishment

Order. Temporaty banishment notices may be enforced as criminal trespasses pursuant

to the Nation’s Criminal Code. Final Banishment orders may. be enforded by the

Gaming Commissioner in accordance with any applicable provisions of this Title or as

criminal trespasses pursuant to the Nation’s Criminal Code.

§ 11-109. Administrative Enforcement Proceedings

Service of Notice.

The Commissioner shall initiate enforcement proceedings for any

violation of this title or Office of Public Gaming regulations by

serving on the person or the designated service agent of said

person a Notice of Violation.

When the Commissioner denies a person a gaming license he shall

serve that person with a Notice of Denial of Gaming License.

Contents of Notice.

The Notice of Violation shall state with reasonable particularity the

nature of the violation or violations, the section or sections of this

title or of the Office of Public Gaming Regulations that the

respondent has violated, and the action which the respondent must

take to remedy the violation(s). The Notice shall also state that all

such remedial action(s) must be completed within 10 days failing

which, the Commissioner may take one or more of the actions

described in subsection C of this section as appropriate to the

nature of the violation. The Notice shall also state that the period

for taking any remedial action may be extended for good cause at

the sole discretion of the Commissioner for up to 60 additional days

beyond the initial 10-day period, but no further extensions shall be

allowed. The Notice of Violation shall also state that, in lieu of

taking such remedial action, the respondent may serve upon the

Page 27 of 31

Nc* 12-070

•

Commissioner a written Notice of Protest and Request for Hearing

to demonstrate why no violation has occurred and/or why the

proposed remedial action is incorrect or unauthorized in whole or in

part

The Notice of Denial of Gaming License shall state with reasonable

particularity the nature of the denial including any applicable section

or sections of this title or of the Office of Public Gaming

Regulations. The Notice of Denial shall also state that the

respondent may. serve upon the Commissioner a written Notice of

Protest and Request for Hearing to demonstrate why the

Commissioner’s decision is incorrect or unauthorized in whole or in

part.

Types of Enforcement Actions. The Notice of Violation required in subsection 5 of this section shall include a description of the actions which may be taken by

the Commissioner and the respondent’s potential liability for civil fines and criminal

prosecution, as appropriate to the nature of the specific violation involved, including

without limitation the penalties specified in Section 1108 of this title and any other

penalties specified in this title or the Criminal Offenses Code of the Muscogee (Creek)

Nation.

D. Remedial Action; Notice of Protest and Request for Hearing. Upon receipt

of the Notice of Violation, the respondent shall take all remedial, action described therein

within the time allowed or, in lieu of taking such remedial action, shall serve upon the

Commissioner the written Notice of Protest and Request for Hearing described in

subsection 8 of this Section.

Notice of Hearing on Proposed Enforcemem and/or Penalties. In the

,event any respondent who has been served with a Notice of Violation fails to take all

remedial action stated therein within the time allowed or to request a hearing as

provided by subsection F. of this Section, the Commissioner shall serve such

respondent or the respondent’s service agent with a Notice of Hearing on Proposed

Enforcement and/or Penalties. Said Notice shall state the time and place of the

hearing, the amounts of any proposed fines or other penalties; and/or describe any

other enforcement. action authorized hereunder, including without limitation, revocation

or suspension of any license and the closure of the gaming facility. The Notice shall

also state that if the respondent fails to appear and show cause why the proposed

enforcement action should not be taken or the proposed fines and/or penalties

assessed, then the respondent shall be conclusively deemed to have confessed to the

violation(s), described in the Notice of Violation and that the proposed enforcement

action and/Dr fines or penalties shall be taken and/or assessed against the respondent,

without right of judicial review.

Hearing. The hearings authorized in this section shall be informal ~

shall be heard within 30 days from the Notice of Protest and Request for Hearing.

Page 28 of 31

NCA 1.2-070

The respondent shall be afforded the opportunity to explain and/or show cause to the

Commissioner why no violation has occurred and/or why. the proposed enforcement

fine or other penalty, or license denial is incorrect or unauthorized under this title. The

respondent may be represented by counsel and the Commissioner may request

attendance by the Office of the Attorney General and legal counsel in an advisory

capacity. The Commissioner may render his ~ decision at the conclusion of the

hearing or at any time thereafter. The Commissioner may, in his discretion, postpone

his decision in order to further investigate the violation and/or formulate the appropriate

enforcement àctiàn and/or fine or penalty.

Comrnissjon~s Decision. The Commjssione≠s order and decision

rendered after the hearing shall be in writing arid shall state, as appropriate, the

following:

Any other enforcement action, conditions or requirements which the

Commissioner may impose consistent with this title; and

A statement that the respondent possesses appeal rights pursuant

to Section 1110 of this title and that the respondent may seek

review of the Commissione?s decision by filing a Petition for

Review of the Commissione≠s decision with the District Court of

Muscogee (Creek) Nation within 30 days of said decision, failing

which the decision shall be final and not subject to judicial review.

§ 1.1-110. Judicial review of Commissioner’s decision

Petition for Review. Any person found by the Commissioner to have

violated any provision of this titleor Office of Public Gaming Regulation or any person

whose application for gaming license has been denied, after hearing may seek review

of the Cornmissione≠s decision by filing a Petition for Review of the Commissioner’s

decision with the District Courts of Muscogee (Creek) Nation within 30 days of said

decision, failing which the decision shall be final and not subject to judicial review. The

Commissioner shall promptly file the full record of the proceeding, including the notice

of appeal, with the Muscogee (Creek) Nation District Courts.

Standard for Review. In hearing the appeal, the Muscogee (Creek) Nation

District Court! shall give proper deference to the administrative expertise of the

Commissioner The Muscogee (Creek) Nation District Courts shall not set aside,

modify, or remand any determination by the Commissioner unless it finds that the

determination is arbitrary and capricious, unsupported by substantial evidence or

contrary to law.

Legal Representation. The Petitioner may be represented by counsel in

any proceeding or review by the DistriGt Courts of the Muscogee (Creek) Nation, and

the Commissioner shall be represented by the Attorney General or legal counsel.

Page 29 of 31

NCA 12470

District Court Decision. The Muscogee (Creek) Nation District Courts

shall issue a written decision on all appeals. In no event shall the Court be authorized

to award or order the payment of damages or to fashion any remedy against the

Commissioner. In the event that the blefrict Court affirms the decision of the

Commissioner or the. Muscogee. (Creek) Nation, the Court shall award costs and a

reasonable attorney fee to the Office of Public Gaming with the provision that any part

of the attorneys fee collected, shall be paid to the Controller for use by the Office of the

Attorney General.

Appear to Supreme Court. If the petitioner receives an adverse decision

from the Dictrict Court, then the petitioner may appeal to the Muscogee Creek Nation

Supreme Court within thirty (30) days after the District Court enters the decision. The

appeal shall be limited to the record on appeal. The decision of the Muscogee (Creek)

Nation Supreme Court shall be final.

§ 11-111. Judicial Action by Commissioner

The Commissioner is hereby authorized to commence an action to collect any fines

owed pursuant to this title, arid may seek any civil remedies, including but not limited to

garnishment, attachment, and execution, for’ the collection of any monies due to the

Nation. Such action shall be commenced in the District Courts of the Muscogee

(Creek) Nation. Violation of orders of the Court shall be pUnishable by civil contempt,

• including fines and/or, in the event that the contempt or is an Indian, imprisonment. In

• the•,, event the Court awards judgment in favor of the Commissioner, the Court shall

award costs and a reasonable attorney fee to the Office of Public Gaming with the

provision that any part of the attorneys fee collected shall be paid to the Controller for

use by the Office of the Attorney General.

§ 11-113: Finality of Commissioner or Court Action

Any final finding or determination of the Commissioner not timely appealed, any final

and unappealed determination of the Muscogee (Creek) Nation District-Courts, and

any final Muscogee (Creek) Nation Supreme Court decision in proceedings pursuant to

appeal shall be final and binding in any other proceeding against or by the same person

before the Commissioner or the District Courts of the Muscogee (Creek) Nation.

§ 11.-I 14.

Identity of Informant

The Commissioner may refuse to reveal, at any court proceeding, the identity of any

informant, if such revelation would subject the informant to bodily harm.

SECTIQN EIGHT. AMENDMENt MCNCA Title 21, §12-104., is hereby amended to

read as follows:

§ 12-104. Conduct of operations

Page 30 of 31

NCA 12-070

The Commissioner of Public Gaming, Speaker of the National Council, and members of

the Gaming Operations Authority Board shall take every measure necessary tO insure

that the Muscogee (Creek) Nation has conducted its gaming activity in such a manner

which has resulted in an effective and honest accounting of all revenues~ and has

resulted in a reputation for safe, fair and honest operation of the activity; and has been

generally free of evidence of criminal or dishonest activity; and insure that the

Muscogee (Creek) Nation has adopted and is implementing adequate systems for.

accounting for all revenues from gaming activities, for investigation licensing and

monitoring of all employees of the gaming activities, and for investigation, enforcement

and proseóution of violations of Muscogee (Creek) Nation gaming laws and regulations1

and has conducted the operations on a fiscally and economically sound basis.

SECTION NINE. The word “Commissioner when used regarding Gamma anywhere in

the Muscogee (Creek) Nation Codes Annotated, shall mean the three person Gaming

Commission as established by this Chapter unless specifically referring to one gaming

commissioner in a singular capacity.

SECTION TEN. EFFECTIVE DATE. This Act shall become effective upon proper

approval and execution in accordance with the requirements of the Muscogee (Creek)

Nation Constitution and the.National Indian Gaming Commissionapproval

ENACTED by the Muscogee (Creek) National Council on this jf day of~y, 2012.

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

cL—cc o.~

Samuel S. Alexander, Speaker

National Council

Muscogee (Creek) Nation

Page 31 of 31

NCAI2.o7o.

CERTIFICATION

I, the undersigned, certi~ that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of Sixteen members with Fifteen

members attending this meeting on the If day of M~. 2012 and that the above is in

conformity with the provisions therein adopted by a vote of 15 in favor, 0 against, and

that said Resolution has not been rescinded or amended in any way and the above is

the signature of the Speaker of the Nationai Council.

Sandra Denney, RecordingZecreta,y

Muscogee (Creek) National Council

APPROVAL

I, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature this

, 2012, to the above Resolution, NCA 12-070 authoriz~ng it

to beôome a Resol~jjon under Article VI.., Section VI., of the Constitution of the

Muscogee (Creek) Nation.

jr—. day of flaq

George Tigtr, Prin*aI chief

Muscogee (Creek) Nation

hi A A A

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.