# RECONSIDERATION OF NCA 11-031 AFTER VETO

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

RECONSIDERATION OF NCA 11-031 AFTER VETO
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

S

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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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
A.
“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.
B.
“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.
C.
“Commission” means the Muscogee (Creek) Nation Gaming Commission
established to perform regulatory oversight and to monitor compliance with Tribal,
Federal and applicable State regulations.
D.
“Commissioner”
Commissioner.

means

a

Muscogee

(Creek)

Nation

Gaming

E.
‘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.
2.
3.
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.

C.
“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.
I.
“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.
K.
“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.
L.
“Gaming” means games of chance or skill that are regulated by the
Commission.
M.
“Gaming Operation(s)” means all gaming operations established by the
Muscogee (Creek) Nation.
N.
“Gaming vendor means any person who manufactures, distributes,
leases, repairs, rebuilds, modifies or programs:
1.

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:
a.
An electronic gaming machine;
b.
A collection of two or more of the following components:
I
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
v.
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:
a.
playing cards;
b.
bingo balls;
c.
bingo cards, bingo paper packs or paper pack components;
d.
ball blower;
e.
chips;
f.
cards, tokens or ahy other device or machine that stores or
registers cash credit; or
g.
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.

2.
•

3.
4.
5.
6.

0.
“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.
P.
“Key employee” means a person who performs one or more of the
following functions:
1.
2.
3.
4.
5.
6.
7.
8.
9.

•

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:
a.
Receives over $50,000.00 per year in cash compensation; or
b.
Is one of the four most highly compensated persons in the
gaming operations.

Q.
“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.
ft
“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.
T.
“Net Revenues” means gross gaming revenues less: all amounts paid out
as, or paid for, prizes; and total gaming related expenses, excluding management fees.
U.
“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.
V.
~‘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.
X.

“Primary management official” means:
1.
2.
3.

The person having management responsibility for a management
contract;~
Any person who has authority:
a.
to hire and fire employees or
b.
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.

Y.
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.
Z.
“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.
A.
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.
B.
Qualifications. Nominees must be at least twenty-five (25) years of age or
older and must have the following qualifications:
1.

•
•

•

•

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:
a.
Law Enforcement;
b.
Business Management;
c.
Accounting or Finance;
d.
Management or Regulatory experience within the private
sector or a governmental agency, preferably tribal
government; or
e.
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.
2.
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.
A felony within the last ten years;
b.
Any gaming-related offense;
c.
Any crime of dishonesty, inctuding, but not limited to, fraud,
misrepresentation, theft or deception in any form;
4.
Possession of a valid drive?s Ucense and proper insurance; and
5.
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
C.
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.
D.
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.
E.
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.
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:
1.
Dishonesty, gross misconduct or incompetence in office;
2.
Conviction of a felony under federal, state or tribal law;
3.
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;
4.
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;
5.
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;
6.
Willful failure to disclose material information or facts; or
7.
Material violation of this title;
8.
Excessive unexcused absences;
9.
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:
1.
2.
3.
4.
5.
6.
7.
8.

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

9.
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
B.
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
B.
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
0.
The Commission Shall notify in writing existing gaming licensees that they
shall either:

§ 3-108. License applications; background investigations
A.
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.

B.
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
tWA 11431

§ 3-110. Procedures for Forwarding license applications and reports to the NIGC
A.
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.
B.
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:
1.
Steps taken in conducting a background investigation;
2.
Results obtained;
3.
Conclusions reached; and
4.
The basis for those conclusions.
C.
The Commission shall submit with the investigation report a copy of the
Commission’s eligibility determination.
0.
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.
E.
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
A.
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,
8.
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.
C.
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
NCAII-031

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
A.
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.
B.
The Commission shall notify the licensee of a time and a place for the
hearing on the proposed revocation.
C.
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.
D.
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

•

Page 15 of 31
NCAII-031
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

Page 16 of 31
NCAII-031

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

Page 17 of 31
PICA 11-031
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
A.
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:
•

1.

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

2.

3.

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.

B.
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
A.
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.

Page 19 of 31
NCA 11-031

§ 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

Page 20 of 31
NCA 11a031

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:
A.
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.
C.
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.
E.
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
A.
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
NCA 11431
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.
A.
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.
B.
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.
C.
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.
D.
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

1.

2.

3.

4.
5.

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.

E~
To deny, suspend or revoke any license and identification card issued
pursuant tothis subsection based on, but not limited to, the following reasons:
1.
2.

3.
4.
5.
6.
7.

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

F.
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
A.
The Commission or a Muscogee (Creek) Nation Lighthorse Officer may
seize any item subject to forfeiture immediately upon detection.
~ 11-108. Sanctions and Banishment
A.
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
PICA 11-031
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
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.
C.
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:
1.

2.

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

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NCA 11-031
and shall be served personally or sent by certified mail to the last
known address of the subject of the temporary banishment notice.
D.
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.
E.
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
A.

Service of Notice.
1.

2.
B.

•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.
1-

The Notice of Violation shall state with reasonable particularity the
nature of.the violation or violations, the section or sections of this

Page 27 of 31
NCA 11-031

2.

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

C.
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.
E.
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

Page 28 of 31

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.
F.
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.
G.
Commission’s Decision. The Commission’s order and decision rendered
after the hearing shall be in writing and shall state, as appropriate, the following:
5.
6.

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
A.
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.
S.
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.
C.
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.
0.
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.
E.
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

Page 30 of 3t
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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A85ae5f54cbdcf7d5. Public record. Not legal advice.