RECONSIDERATION OF NCA 11-031 AFTER VETO

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I, the undersigned~ certify that the foregoing “Reconsideration of NCA 11-031” is a true extract

from the February 26, 2011 Regular Session Journal of the Muscogee (Creek) National Council.

AND THAT,

NCA 1t431 entitled, A LAW OF THE MUSCOGEE (CREEK) NATION

AMENDING MCNCA TITLE 21, ~1-103, CHAPTERS TWO, THREE, FIVE, SIX,

EIGHT, ELEVEN AND §12-1~ OF THE GAMING CODE TO CREATE A THREE

PERSON GAMING COMMISSION was presented to the National Council acting

as a Council as a Whole and was approved in Regular Session on February 26,

2011, National Council by a vote of 12 In favor, 11 against ~ abstention;

AND THAT,

Said legislation was returned as a Veto with objections by the Principal Chief on

March 11, 2011 and said objections have been entered at large in the Journal of

the Muscogee (Creek) National Council;

AND THAT,

The National Council taking action to reconsider the Bill to let the veto stand at the

Regular Session on March 26, 2011, in accordance with the Constitution,Artic;e

VI, Section 6 (a), required a two-thirds (2/3) vote of the full membership, which

consists of Twenty-Six rnem bers;

AND THAT,

The record of vote reflects there were twenty-six present with a vote of ~ in favor,

against;

THEREFORE, BE IT KNOWN, under Article VI., Section 6. (a) of the Muscogee (Creek) Nation

Constitution, NCA 11-031 is hereby recorded as a TMVETO’ on this 28~ cia of March 2011.

R0~C) ,sJL*

ShaRee Edm ion, Acting Recording Secretary

National Council

Muscogee (Creek) Nation

CERTIFIcATION OF APPROVAL

IN WITNESS WHEREOF, I, the Presiding Officer of the Muscogee (Creek) National Council have

hereto attached my signature this 28~ day of March 2011.

RogetLmett%peaker

National Council

Muscogee (Creek) Nation

RECE WED

~M~RJ7i*J

é~Y

Na~onaJ Courdi Of~ce

9vIusco ee (Creelç) 9cativn

PRINCIPAL CHIEF

OFFICE OF THE PRINCIPAL CHIEF

A. D. fE/ES

SECOND CHIEF

Mg?e~ fBenyfiiff

March 10, 2011

P0 Box 580

(HWY 75, Loop 56)

Okmulgeo, OK 74447

91 &732.7600

Muscogee (Creek) National Council

Honorable Speaker Barnett

Dear Speaker Barnett:

I am returning NCA 11-031 herewith: A MESSAGE OF THE PRiNCIPAL CHIEF

EXPRESSING HIS OBJECTIONS TO NCA 11-031, A RESOLUTION OF THE

NATIONAL COUNCIL.

In accordance with Article VI, Section 6 of the Constitution of the Muscogee (Creek)

Nation, I, AD. Ellis, Principal Chief of the Muscogee (Creek) Nation1 do hereby object to

and withhold my signature and the seal of the Muscogee (Creek) Nation from NCA 11031, entitled “A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING MCNCA

TITLE 21, § 1-103, CHAPTERS TWO, THREE, FIVE, SIX EIGHT, ELEVEN AND § 12104 OF THE GAMING CODE TO CREATE A THREE PERSON GAMING

COMMISSION,” pursuant to Article VI, Section 6)c) of the constitution of the Muscogee

(Creek) Nation.

OBJECTION ONE: The proposed amendment as set forth in NCA 11-031 violates the

very basic and fundamental constitutional principle of separation of powers and

threatens the independence of the Executive Branch of the Muscogee (Creek) Nation.

The Office of Public Gaming which is the regulatory body over the gaming operations of

the Muscogee (Creek) Nation is an Independent Agency of the Executive Branch as set

forth in MCNCA Title 16 § 1-102. The Gaming Code, particularly MCNCA 21 § 2-101

established the Muscogee (Creek) Nation Gaming Commissioner as the authority to

provide for the orderly development, administration and regulation of public gaming.

NCA 11-031 is an amendment of this section to create a three member commission to

replace the single authority. Pursuant to the Constitution of the Muscogee (Creek)

Nation an action of this nature requires the participation and approval of the Chief

Executive Officer, the Principal Chief of the Nation.

OBJECTION TWO~ NCA 11-031 violates the principle of separation of powers of the

Executive Branch, which are to be vested pursuant to the Constitution of the Muscogee

(Creek) Nation, in the Principal Chief, with all executive officers to be created and

organized by the Principle Chief.

OBJECTION THREE: The Constitution of the Muscogee (Creek) Nation and the

judicial decisions of the Muscogee (Creek) Nation Supreme Court support the

proposition that the powers of the National Council are limited to passing laws,

appropriating money and providing legitimate advice and consent. By way of illustration

and not by way of limitation, the provisiorj~ of NCA 11-031 far exceed the boundaries of

legitimate legislation by unconstitutionally extending the normal advice and consent of

the National Council. NCA 11-031 is the latest misguided example of the National

Councifs ongoing attempts to usurp the legitimate authority of other branches of the

tribal government and to ignore the controlling judicial decisions of the Muscogee

(Creek) Nation Supreme Court.

OBJECTION FOUR~ NCA 11-031 has been passed unilaterally by the National Council

with no collaboration or consultation of any sort with the Principal Chief of the Muscogee

(Creek) Nation. This purported enactment is an unconstitutional infringement on the

powers of the Principal Chief and the Executive Branch by the National Council.

OBJECTION FIVE: NCA 11-031 is ill conceived since the legislation appoints three

equal members with no differentiation of authority. It becomes three people doing the

work of one. This extra level of gaming oversight is not required by federal law or the

state gaming compact and will not add to the effective regulation of gaming.

For the reasons outlined above PICA 11-031 is hereby returned as a VETO.

Sincerely,

A. D. Ellis, Principal Chief

Muscogee (Creek) Nation

DATED: March 1012011

Page 2 of 2

Veto Message

NCA 11431

VETO

NCA 11-031

CLASSIFICATION: #21. GAMING

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING MCNCA TITLE 21, §1103, CHAPTERS TWO, THREE, FIVE, SIX, EIGHT, ELEVEN AND ~12-104 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 industry is a

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 Commission. The numbers and letters

called are on an~ bbject selected at random either manually, electronically, or

Page2of3l

PICA 11031

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

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

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

the player who first properly covers a predetermined and announced pattern of squares

upon the bingo face being used by the player.

“Bingo face” 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, letter or combination of humbers and letters which cannot

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

“Commission” means the Muscogee (Creek) Nation Gaming Commission

established to perform regulatory oversight and to monitor compliance with Tribal,

Federal and applicable State regulations.

“Commissioner”

Commissioner.

means

Muscogee

(Creek)

Nation

Gaming

‘Electronic, computer or other technologic aid” means a device such as a

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

‘1.

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.

“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; bona

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

transactions now or hereafter expressly authorized by law.

I-I.’

“Gainbling 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 resuft 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

Page 3 of 31

PICA 11-031

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

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

fixture, construction or installation.

“Gambling information” 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: information as to wagers,

betting odds or change in betting odds.

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

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

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.

“Gambling record” 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.

“Gaming” means games of chance or skill that are regulated by the

Commission.

“Gaming Operation(s)” means all gaming operations established by the

Muscogee (Creek) Nation.

“Gaming vendor means any person who manufactures, distributes,

leases, repairs, rebuilds, modifies or programs:

Any 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;

ii.

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 a computer program that cannot

Page 4:f 31

NCA.11-031

•

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 use in gambling; or

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 ahy other device or machine that stores or

registers cash credit; or

a random number generétor.

Links which connect to progressive gaming machines;

Equipment which affects the proper reporting of gross revenue;

Computerized devices for weighing or counting money;

Computerized system for recordation of sales of gaming.

•

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

outwardly identical cards from a stack of cards (the “deal”). 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.

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

following functions:

•

Bingo Caller;

Counting (money) room personnel;

Chief of Secijrity and security personnel;

Custodian of gaming supplies or cash;

Floor manager;

Pit boss;

Dealer;

CrouØier;

Approver of credit;

•

Page5ofSl

NCAII-031

10.

11.

12.

13.

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.

“Licensw means the permission, by authority of the Muscógée (Creek).

Nation, to do an act that without permission would be illegal, and that is granted in

writing by the Commission for consideration to a person to pursue some occupation 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.

“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.

.8.

“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.

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

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

“Off-Track Betting” means a form of wagering 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.

~‘Pari-mutuei racing” means the activity wherein participants bet a sum of

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

Page 6 0131

NCA 11-031

(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 hàrse or dog arepaid 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.

w: Person” means a natural person, a partnership, an association of

persons1 a corporation, a firm, a limited liability company, a sole proprietorship, a trust, a

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

entity, a Muscogee (Creek) Nation chartered Indian community oran Indian Tribe.

“Primary management official” means:

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.

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 defin Won, 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.

“Progressive game” means a gEme in which prizes are allowed to be

carried over and increased from session to session.

44. “Skill gam& means a game where the ‘player, through practice, can alter

the outcome.

BB.”Linlicensed” means not holding a valid license issued by the Commission.

Page 7 of 31

NCA 11-031

CC.”U-PIK-EM bingo game” means a game played wherein a player selects the

numbers in a U-PIK-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 source, such as a random

number generator licensed by the Commission, announces a number. The numbers

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

• all the numbers appearing on his or her bingo face in accordance with the pattern as

designated on the bingo face.

DD.”Valuable prize” means an object or service worth One Hundred Dollars or

more in fair market value.

EE. “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

joint venture, a consortium, 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. MLJSCOGEE (CREEK) NATION GAMING COMMISSION

§2-101. Office of Public Gaming 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 the

Muscogee (Creek) Nation Gaming Commission.

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

instrumentality 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. Appointment and term of office

The Commission shall be comprised of three members, two of whom shall be citizens of

the Muscogee (Creek Nation.

Appointment. Commissioners shall be nominated by the Principal Chief

subject to confirmation by the National Council by duly adopted Tribal Resolution. A

Commissioner’s term will be for four (4) years without holdover, provided that a

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

Page 8 of 31

NCAII-031

of Subsections B, C, and C. A Commissioner shall be subject to a background

• investigation which shall contain the same information as required by 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 born by the Office of Public Gaming. The findings shall be presented to the National

Council in Executive Session. The background investigation and findings shall be

confidential and no copies of the investigation shall be retained. The original shall be

kept in the Office of Public Gaming with the gaming license applications.

Qualifications. Nominees must be at least twenty-five (25) years of age or

older and must have the following qualifications:

•

Obtained a Bachelors 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 Regulatory experience within the private

sector or a governmental agency, preferably tribal

government; or

Gaming Experience in one or more of the following areas:

regulation, operations, licensing, auditing, administrative hearings

or decision-making, background investigations, surveillance, law

enforcement or information technology.

Submit to and successfully comply 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 primanpc: management

officials.

.3.

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 dishonesty, inctuding, but not limited to, fraud,

misrepresentation, theft or deception in any form;

Possession of a valid drive?s Ucense and proper insurance; and

Not be a primary management official, or owner or controlling

person with respect to any management contract or vendor

contract.

Page 9 of 31

NCAIt-o31

Term, To establish a staggered Commission appointment schedule, the

first Commission shall be established as follows: The current Gaming Commissioner

shall continue until December 31, 2011 as Commissioner One. The term of

Commissioner Two shall begin upon confirmation and shall continue his or her term

until December 31, 2012, The term of Commissioner Three shall begin upon

confirmation and shall continue his or her term until December 31, 2013.

Thereafter, all successive terms of appointment for a Commissioner shall run for four (4)

years which expire on, December 31 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, subject to confirmation by

the National Council by duly adopted Tribal Resolution, to fill such vacancy. Such

appointment shall be for the balance of the unexpired term of the Commissioner being

replaced without holdover.

ChairpersonfMeetir,gs The Commission shall elect a Chairperson and a

Vice-Chairperson. Unless designated specifically in this title or by notice of the

Commission, meetings of the Commission are not open meetings; however, the voting

results of all resolutions1 and regulations 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. All official decisions of the Commission shall

be by a majority vote.

§ 2- 103. Outside employment and activities of Commissioners

A Commissioner shall be full. time and may not hold other tribal positions.

Commissioners may not be employed outside this Commission. Commissioners are

prohibited from gambling in a Gaming Operation and are prohibited from accepting

complimentary items from a Gaming Operation or a vendor of a Gaming Operation

excepting food and beverage valued at under $25.00 and nominal items that may be

routinely given to the Public. Each Commissioner shall be bondable with the Muscogee

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

§ 2-104. Removal from Office

A Commissoner 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

Page 10 of 31

NCAII..031

the Muscogee (Creek) Nation, including any one or more of the following causeè as set

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

Dishonesty, gross misconduct or incompetence in office;

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

Committing any act or engaging in any activity which would

constitute a criminal offense involving dishonesty 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~

Muscogee(Creek) Nation 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 preferential treatment

to any private organization or individual, including members of a

Commissioner’s immediate family;

10.

Unauthorized use of Office of Public Gaming funds.

§ 2-105. Duties•

The Commission shall be charged with the responsibility of administering and enforcing

the provisions of this title. It shall be the responsibility of the Commission, to promulgate

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

Supervising the collection of all fees prescribed in this title.

Processing all license applications.

Issuing licenses.

Determining applicable license fees as provided in the Gaming

Code.

Auditing all returns.

Reviewing gaming vendor contracts to determine compliance with

tribal and federal laws and regulations, including Office of Public

Gaming regulations and Minimum Internal Control Standards.

Denying any application., limiting, conditioning, suspending, or

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

Page 11 of 31

NCA 11-031

10.

11.

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 Commission.

Performing any other duties as required by law.

Employing legal counsel with the consent of the Muscogee (Creek)

Nation and subject to approval by Tribal Resolution.

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

concurrence of the Attorney General.

§ 2-106; Authority of Commission

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

the duties assigned by this title, The Commission may employ staff and organize any

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

such plan of organization as may be expedient. The Commission shall recommend to

the Office of PubJic Gaming a budget for operations to the Controller of the Muscogee

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

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

regulations, the Commission shall give prior notice of the proposed action to all

licensees and other. persons whom the Commission has reason to believe have a

legitimate and bona fide interest in such action, including the Office of the Principal

Chief, Attorney General and the National Council.

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

MCNCA Title 21, Chapter 3 are hereby amended to read as follows:

§ 3-101. License required

Any àther forms of Public Gaming operations being conducted within the

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

Commission are prohibited.

§3-103. Classes and Fees

Class a5I~~ Satellite Bingo is the activity wherein bingo games are

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

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

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

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

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

Commission. Approval of leases or contracts for satellite bingo enterprises between the

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

§ 3~434 Exemptions

Page 12 of 31

NCA 11431

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 Commission.

§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 Commission Shall notify in writing existing gaming licensees that they

shall either:

§ 3-108. License applications; background investigations

The Commission shall request from each gaming license applicant all of

the following information:

13.

14.

Any other information the Commission deems relevant; and

Fingerprints consistent with procedures adopted by this Title.

The Commission shall conduct an investigation sufficient to make a

determination of license eligibility pursuant to ‘rifle 21, § 3-109. in conducting a

background investigation, the Commission or its agent shall promise to keep

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

§ 3-109. License eligibility determination

The Commission shall review an applicant’s prior activities~ criminal record, if any, anc

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

Iiäense applicant for employment in a gaming operation.

If the Commission 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 Commission shall not issue a license to the applicant.

Page 13 of 31

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§ 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 Commission shall forward to the NIGO a completed

application for employment, the background investigation and make the eligibility

determination referred to in Title 21, § 3-109.

The Commission shall prepare and forward to the NIGC an investigative

report on each background investigation. An investigative report shall include all of the

l~llowing:

Steps taken in conducting a background investigation;

Results obtained;

Conclusions reached; and

The basis for those conclusions.

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

Commission’s eligibility determination.

If a license is not issued to an applicant, the Commission shalt 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.

The Commission shall retain license applications and 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 gaming license

If within a 30 day period after the NIGC receives a report, the NIGC

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

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

report to the NIGC, the Commission may issue a license to such applicant,

The Commission 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 requestshall 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

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

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

investigative report to the NIGC, the Commission shall reconsider the application, taking

Page 14 of 31

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into account the objections itemized by the NIGC. The Commission shall make the final

decision whether to issue a license to such applicant.

§ 3-112. License suspension

If after the issuance of a gaming license, the Commission 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 shaH notify in writing the

licensee of the suspension and the proposed revocation.

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

hearing on the proposed revocation.

After a revocation hearing, the Commission shall decide to revoke or to

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

The Commision may suspend licenses for other reasons in accordance

with §11-109.

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

Nation, the Commission shall issue a corrected license for the balance of the current

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

without imposition of an additional license fee.

§ 3-115. Fees

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

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

§ 3-117. Licenses revocable

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

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

•

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

continually observing the conduct of all.:licensees to the end that licenses 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 Commission’s regulations by a

licensee, its agent or employee shall be deemed contrary to the public health, 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

.hcense; 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 Commission 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 stay informed of the

contents of all such regulations and provisions, and failure to stay informed will not

excuse the violations.

§ 3-119. 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 acquired the review of the Gaming

Commission 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

~pplicable law. All other leases, contracts or other agreements involving gaming

activities,sha;I be provided to the Gaming Commission 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 Commission. A chartered Indian community

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

gaming at that location.

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

MCNCA Title 21, Chapter 5 are hereby amended to read as follows:

5-101. Records, Returns and Audits

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It shaft be the responsibility of the Commission 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 and/or paid out may be properly

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

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

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

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

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

§ 5-102. Licensee Avoidance of Payment of Proceeds

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

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

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

necessary by the Commission, 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 Commission, or shall otherwise interfere with any proper and lawful efforts by the

Commission to produce such information. The Commission 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

Commission may deem relevant to the discharge of its official duties. Any person so

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

so taken may be used by the Commission as evidence in any proceeding or matter

before the Commission or the Courts of the Muscogee (Creek) Nation or, which may

later come befbre the Commission or the Courts of the Muscogee (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 employee, 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 Commission, 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.

§ 5-105.

Age Limit for Gaming

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No person, who is under the age of eighteen (18), shall operate nor shah be allowed to

participate in any manner in the operation of any gaming. No person(s) under the age

of sixteen (16) shall be allowed on premises where gaming is being conducted, it shall

be the responsibility of the licensee to enforce the provisions of this section.

§ 5-111. 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 by Tribal Resolution and the Commission,

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 supervision of

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

contract1 and any amendments thereto being reviewed and approved by the

Commission. 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 Muscogee (Creek) Nation. 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 Commission prior to the issuance of a license. Any alterations or

modifications must be approved by the Commission.

§ 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

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

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

Commission or any authorized representative of the Commission may enter upon the

premises without advance notice and:

•

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

received during the operation of the licensed activity located on the

Page 18 of 31

NCAII-031

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 Commission finds cause to believe that there is a, reasonable

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

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

Commission may remove, for further inspection or investigation, any and 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

Commission 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 ofthe 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 Commission may retain the items

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

investigation or evidence of possible violations of this titLe or regulations of the

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

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

§ 5-116. Firearms

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

premises pistols, revolvers, rifles, shotguns, “8.8.” guns, C02 guns, or any other

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

written Commission approval. The Commission is authorized to issue written approval

of the use of types of firearms specified by the Commission 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 Muscogee (Creek)

Nation or the State of Oklahoma Council on Law Enforcement Education and Training

(CLEaT) or who are off-duty law enforcement officers of the Muscogee (Creek) Nation,.

or off-duty officers of a city, county or state. The Commission shall develop a use of

force policy for armed security guards that shall be implemented by the licensees of

gaming facilities prior to Commission approval to carry a firearm.

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§ 5-117. Credit

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

way participating in conducting any activilies authorized by this Title or by the•

Commission’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 shall keep a current copy of the Code and Regulations

Each licensee shall obtain, maintain, and keep current a copy bf the Public Gaming

Code and all regulations of the Commission, 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 Commission 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

shall 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 mail cart be made, and home address of such designated resident agent

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

Commission.

.~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 Commission.

§ .5-123 Employee List

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

kept current.

§5-124

Dispute resolution procedures

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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. Commission shall:

Respond to signed complaints. If additional information of the

circumstances is needed, a request is to be made by the Commission 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 any other information deemed to be relevant by the Commission as

related to the dispute.

Notify the licensee and the patron reporting the complaint of the

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

§5-125. ReceMrig items of value

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

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

accommodations, meals, prizes, personal 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 any 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 vendor’s 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 punishable in accordance. with the Criminal

Offenses Code.

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

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

§8-105. 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

Page 21 of 31

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by the Commission. 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 Commission.

§ 6-108. Lighthorse assistance in licensing standards

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

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

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

implementation. In addition to the foregoing, the Commission 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.

To issue a regular license and identification card to each person

authorized by 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 security

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 conviôtions, criminal convictions involving moral turpitude, or any

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

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

conditions:

Page 22 of 31

NCAII.031

A conditional license shall authorize such employee to perform the

same functions that regular licensees perform1 but subject to

supervision of the holder of a regular license as the Commission

may prescribe.

The holder of a conditional license shall complete thà 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

Commission, and has been issued a regular license.

A conditional license may be renewed at the discretion of the

Gaming Commission, if necessary to complete any training

required for a regular license.

When the Gaming Commission 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

Commission shall issue such person a regular license.

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

pursuant tothis subsection 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; any offense

involving moral turpitude; any offense involving a minor as a victim~

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 Commission;

Willfully making anyfalse report to his employer or to anyone as

required by this Title or any applicable laws;

Disclosure of any information gained by him in his employment,

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

to disclose.

Page 23 of 31

PICA 11-031

The Commission 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.

§ 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

Commission.

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

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

§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 Commission and prohibits any political jurisdiction from enacting any

license-fee on the conduct of such race meetings or on pari-mutuel 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

Commission and only:

§8-104. Admission Charges

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

pari-mutuel betting.

§&~1 06. Regulations governing off-track pari-mutuel wagering

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

adopt regulations for:

§8-107. Sharing of revenue

Page 24 oK.31

NCA 11-031

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 Commission. The Commission may

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

Commission deems proper.

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.

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

certificates issued by the Commission are in effect is determined by the Courts of the

Muscogee (Creek) Nation to be a. gambling premise all such licenses, permits, and

certificates shall 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 Commission, 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 Commission

regulations. Each day of violation shall constitute a separate 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 Commission or a Muscogee (Creek) Nation Lighthorse Officer may

seize any item subject to forfeiture immediately upon detection.

~ 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 Public 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 Commission.

Page 25 of 31

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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

General Mana9er 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 served 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

Commission 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 by facsimile transmission to all Muscogee (Creek) Nation gaming

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

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

Gaming Commission Authority. The Gaming Commission is authorized to

issue a final banishment order only after all conditions and requirements of sub-section

C of § 11~.lOS have been met in either of the following circumstances:

The Gaming Commission is authorized to issue a final, banishment

order in appeal proceedings by the subject of a

temporarybanishment 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; or

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 Commission prior to the expiration of the temporary

banishment order; provided that the temporary banishment order

issued by the Gaming Commissioner shall be effective immediately

Page 26 of 31

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

known address of the subject of the temporary banishment notice.

Final Banishment Order by the Gaming Commission. The Gaming

Commission 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 Commission 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 have

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

located. The Gaming Commission 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 order

may be issued without right of judicial review. The Gaming Commission’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

Commission’s banishment oEder to the Court in accordance with the Procedural

requirements of § 11-110 of this Title. The final banishment order shall be sewed

personally or sent by certified mail to the last known address of the subject of the.

banishment order.

Enforcement of Temporary Banishment Notice and Final Banishment

Order. Temporary banishment notices may be enforced as criminaltrespasses pursuant

to the Nation’s Criminal Code, Final Banishment orders may be enforced by the

Gaming Commission 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 Commission 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 Commission 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

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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 Commission 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 Commission 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

Commission a written Notice of Protest and Request for Hearing to

demcnsfrate 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 Commission a written Notice of

Protest and Request for Hearing to demonstrate why the

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

part

Types of Enforcement Actions. The Notice of Violation required in sub

section B of this section shall include a description of the actions which may be taken by

the Commission and the respondent’s potential liability for civil fines and crimihal

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 I-tearing. 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

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

subsectiànB, of this Section.

Notice of Hearing on Proposed Enforcement 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 Commission shall serve such respondent

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NCAII-031

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, andIor 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)or

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 and

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

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

Commission 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 Commission may request

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

capacity. The Commission may render its decision at the conclusion of the hearing or at

any time thereafter. The Commission may, in his discretion, postpone his decision in

order to further investigate the violation andlor formulate the appropriate enforcement

action and/or fine or penalty.

Commission’s Decision. The Commission’s order and decision rendered

after the hearing shall be in writing and shall state, as appropriate, the following:

Any other enforcement action, conditions or requirements which the

Commission 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 Commission’s decision by filing a Petition for Review

of the Commission’s decision with the Court of Muscogee (Creek)

Nation within 30 days of said decision, failing which the decision

shall be final and not subject to judicial review.

§ 11-110. Judicial review of Commission’s decision

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

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

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

of the Commissions decision by tiling a Petition for Review of the Commission’s

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

Page 29 of 31

NCAI1-031

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

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

appeal, with the Muscogee (Creek) Nation Courts.

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

Courts shall give proper deference to the administrative expertise of the Commission.

The Muscogee (Creek) Nation Courts shall not set aside, modify, or remand any

determination by the Commission 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 Courts of the Muscogee (Creek) Nation, and the

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

Court Decision. The Muscogee (Creek) Nation 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’ Commission. In

the event that the Court affirms the decision of the Commission 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 bythè Office of the Attorney General.

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

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

Court within thirty (30) days after the Court enters the decision. The appeal shall be

limited to the record on appeal. The decision of the Muscogee (Creek) Nation Supieme

Court shall be final.

§ 11-111. Judicial Action by Commission

The Commission is hereby authorized to commence an action to collect any fines owed

pursuant to this title, and 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 Courts of the Muscogee (Creek) Nation.

Violation of orders of the Court shall be punishable by civil contempt, including fines

andlor, in the event that the contempt or is an Indian, imprisonment, In the event the

Court awards judgment in favor of the Commission, 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 Genetal.

§ 11-113. Finality of Commission or Court Action

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NCAII-031

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

unappealed determination of the Muscogee (Creek) Nation Courts, and any final

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

shall :befinal and binding in any other proceeding against or by the same person before

the Comrr,ission or the Courts of the Muscogee (Creek) Nation.

§ 11-114.

Identity of Informant

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

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

SECTION EIGHT. AMENDMENT. MCNCA Title 21, §12-104 is hereby amended to

read as follows:

§ 12-104. Conduct of operations

The Commission, 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 prosecution

of violations, of Muscogee (Creek) Nation gaming laws and regulations; and has

conducted the operations on a fiscally and economically sound basis.

SECTION NINE. The word Commissioner’ when used regarding Gaming anywhere in

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

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

commissioner in a singular capacity.

“

SECTION TEN. EFFECTIVE DATE. COMMISSION APPOINTMENTS. This Act shall

become effective on October 1, 2011 upon proper approval and execution in

accordance with the requirements of the Muscogee (Creek) Nation Constitution and the

National Indian Gaming Commission approval, if applicable, provided that provisions of

§ 2-102 shall become effective July 1, 2011 to allow ‘the Principal Chief to submit

nominations for Commissioners Two and Three to allow the Commission to be seated

by October 1, 2011. The Gaming Commissioner (Commissioner One) confirmed on the

date this’ law is enacted shall remain as a Commissioner for the remainder of his term in

office.

Page 31. of 31

NCA 11-031

ENACTED by the Muscogee (Creek) National Council on this 26th day of February

2011.

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

hereto attached his signature.

tC~t

Rog’er BdErnett, peaker

National Council

Muscogee (Creek) Nation

CERTIFICATION

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

Muscogee (Creek) National Council comprised of Twenty-six members with TwentyFour members attending this meeting on the 26th day of February, 2011 and that the

above is in conformity with the provisions therein adopted by a vote of 12 in favor, 11

against, ~ abstentions, and that said Law has not been rescinded or amended in any

way and the above is the signature of the Speaker of the National Council.

•

d~wc4i42

Terry A. Fi#, l~ecording Secretary

Muscogee (Creek) National Council

APPROVAL

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

day of

2011, to the above Law, NCA 11-031 authorizing it

to become a Law under Article VI., Section VI., of the Constitution of the Muscogee

(Creek) Nation.

A. 0. Ellis, Principal Chief

Muscogee (Creek) Nation

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.