1. GENERAL PROVISIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
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TITLE 21. GAMING
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Chapter
Section
1. GENERAL PROVISIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. PUBLIC GAMING COMMISSIONER. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
3. LICENSES AND PERMITS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101
4. GAMING OPERATIONS AUTHORITY BOARD.TTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
5. RULES OF OPERATION AND GENERAL APPLICABILITY. TTTTTTTTTTTTTTTT 5–101
6. SECURITY. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101
7. LOTTERIES [RESERVED]
8. OFF-TRACK AND PARI-MUTUEL BETTING. TTTTTTTTTTTTTTTTTTTTTTTTTTTTT 8–101
9. RESERVED
10. RESERVED
11. ENFORCEMENT PROVISIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 11–101
12. REVENUES AND AUDITS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 12–101
13. REPEALER. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 13–101
United States Code Annotated
Indian gaming regulation, see 25 U.S.C.A. § 2701 et seq.
CHAPTER 1.
GENERAL PROVISIONS
Section
1–101. Findings.
1–102. Short title and codification.
1–103. Definitions.
1–104. Interpretation of title.
1–105. Severability.
Historical and Statutory Notes
NCA 01–183, § 15, provides:
‘‘Effective date. This Act shall be effective on
February 1, 2002; provided that in the event
that the National Gaming Indian Regulatory
Commission disapproves any portion of this Act
that is subject to said Commission’s approval
authority, then said disapproval shall have no
effect on any other provision in this Act; provided further, that in the event that the National
Indian Gaming Regulatory Commission disapproves this Act in its entirety, then this Act shall
have no effect on any of the laws of the Muscogee (Creek) Nation expressly amended or repealed by this Act.’’
§ 1–101. Findings
The National Council finds that:
A. Under the 1979 Constitution of the Muscogee (Creek) Nation, the National Council may legislate upon subjects to become laws of the Nation, including:
1. To promote the public health and safety, education and welfare that may
contribute to the social, physical well being and economic advancement of
citizens of the Muscogee (Creek) Nation. [Article VI, Section 7(a)].
2. To create authorities with attendant powers to achieve objectives allowed
within the scope of this Constitution. [Article VI, Section 7(i)].
3. To exercise any power not specifically set forth in this Article which may
at some future date be exercised by the Muscogee (Creek) Nation. [Article VI,
Section 7(j)].
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GAMING
B. The present needs of the Muscogee people include employment and
training, health care, educational opportunities, nutrition, mental health, juvenile services, housing, planning and development, legal services, elders programs and social services which are not presently being met in sufficient
quantity by United States government agencies.
C. The Muscogee (Creek) Nation desires to be self-sufficient in its internal
affairs, as reliance upon federal resources has been adverse to the quality of life
within this Tribe in both the recent and far past.
D. The regulation of public gaming within the Muscogee (Creek) Nation is
in the interest of the Muscogee people and their health, and welfare, political
self-determination and economic self-sufficiency.
E. Public gaming operations have been introduced to the Muscogee (Creek)
Nation and it is of vital interest to the public health, safety and welfare of the
Muscogee people that the Nation regulate public gaming in a manner commensurate with the interests of the Muscogee people.
F. The Muscogee (Creek) Nation needs to establish a base to generate
revenues for essential governmental services and to achieve self-sufficiency in
all its economic affairs, as reliance on outside resources can be adverse to the
goal of economic independence of this sovereign Nation.
[NCA 92–162, § 101, approved Dec. 23, 1992; amended by NCA 01–183, § 101, eff. Feb.
1, 2002.]
Library References
Indians O334.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 1–102. Short title and codification
This Act 1 shall be known and may be cited as the Muscogee (Creek) Nation
Public Gaming Code, and shall be codified as Title 21 of the Muscogee (Creek)
Nation Code of Laws.
[NCA 92–162, § 102, approved Dec. 23, 1992; amended by NCA 01–183, § 102, eff. Feb.
1, 2002.]
1 NCA 01–183.
Library References
Indians O334.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 1–103. Definitions
The following words and phrases when used in this title shall, for the
purposes of this Title, have the meanings respectively ascribed to them in this
section, except where the context otherwise requires:
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
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GENERAL PROVISIONS
Title 21, § 1–103
designated source, such as a random number generator licensed by the Commissioner. The numbers and letters called are on an object selected at random
either manually, electronically, or mechanically from a receptacle or device in
which have been placed the objects bearing the numbers, letters, or combinations of numbers and letters corresponding to the 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 numbers and
letters which cannot be used after the game in which a player has used it is
over.
C. ‘‘Commissioner’’ means the Muscogee (Creek) Nation Public Gaming
Commissioner.
D. ‘‘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;
2. Is readily distinguishable from the playing of a game of chance on an
electronic or electromechanical facsimile; and
3.
Is operated according to applicable federal communications law.
E.
‘‘Gain’’ means the direct realization of winnings.
F. ‘‘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 contracts; and other acts or transactions now or hereafter expressly
authorized by law.
G. ‘‘Gambling device’’ means any unlicensed device or mechanism by the
operation of which a right to money, credits, deposits or other things of value
may be created, in return for a consideration, as the result of the operation of a
substantial element of chance; any unlicensed device or mechanism which
when operated for a consideration does not return the same value or thing of
value for the same consideration upon each operation thereof, any unlicensed
device, mechanism, furniture, fixture, construction or installation designed
primarily for use in connection with professional gambling; and any unlicensed
sub-assembly or essential part designed or intended for use in connection with
any such device, mechanism, furniture, fixture, construction or installation.
H. ‘‘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.
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GAMING
I. ‘‘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.
J. ‘‘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.
K. ‘‘Gaming’’ means games of chance or skill that are regulated by the
Commissioner.
L. ‘‘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 (2) 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 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.
2.
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 blowers;
e.
chips;
f. cards, tokens or any other device or machine that stores or registers cash
credit; or
g.
a random number generator;
3.
Links which connect to progressive gaming machines;
4.
Equipment which affects the proper reporting of gross revenue;
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GENERAL PROVISIONS
Title 21, § 1–103
5.
Computerized devices for weighing or counting money;
6.
Computerized system for recordation of sales of gaming.
M. ‘‘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.
N. ‘‘Key employee’’ means a person who performs one or more of the
following functions:
1.
Bingo caller;
2.
Counting (money) room personnel;
3.
Chief of Security and security personnel;
4.
Custodian of gaming supplies or cash;
5.
Floor manager;
6.
Pit boss;
7.
Dealer;
8.
Croupier;
9.
Approver of credit;
10. Custodian of gaming devices, including persons with access to cash and
accounting records within such devices;
11.
Surveillance personnel;
12.
Gaming Operations Authority Board members;
13.
Any person who:
a. Receives over fifty thousand dollars ($50,000.00) per year in cash compensation; or
b. Is one of the four most highly compensated persons in the gaming
operations.
O. ‘‘License’’ means the permission, by authority of the Muscogee (Creek)
Nation, to do an act that without permission would be illegal, and that is
granted in writing by the Commissioner 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.
P. ‘‘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
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GAMING
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.
Q. ‘‘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
Title.
R. ‘‘Net revenues’’ means gross gaming revenues less all amounts paid out
as, or paid for, prizes; and total gaming related expenses, excluding management fees.
S. ‘‘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 parimutuel, 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.
T. ‘‘Pari-mutuel racing’’ means the activity wherein participants bet a sum
of money, in predetermined increments, to wager on which horses or dogs shall
place first (or ‘‘win’’), second (or ‘‘place’’), or third (or ‘‘show’’) in a race for a
predetermined distance. If a horse or dog is determined to have properly won
the first, second, or third place in the race, the participants who have bet upon
that horse or dog are paid upon their wager according to formulas approved
under the laws or regulations of the Muscogee (Creek) Nation. Players may also
be paid upon a combination basis or upon a mutual field basis.
U. ‘‘Person’’ 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 or an Indian Tribe.
V.
‘‘Primary management official’’ means:
1. The person having management responsibility for a management contract;
2.
Any person who has authority:
a.
to hire and fire employees or
b.
to set up working policy for the gaming operations; or
3. 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.
W. ‘‘Professional gambling’’ means accepting or offering to accept for
profit, money, credit, deposits or other things of value risked in unlicensed
gambling, or any claim thereon or interest therein. Without limiting the
generality of this definition, the following unlicensed activities shall be included: pool-selling and bookmaking; maintaining slot machines, one-ball machines
or variants thereof; pinball machines which award anything other than an
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GENERAL PROVISIONS
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.
X. ‘‘Progressive game’’ means a game in which prizes are allowed to be
carried over and increased from session to session.
Y. ‘‘Skill game’’ means a game where the player, through practice, can alter
the outcome.
Z. ‘‘Unlicensed’’ means not holding a valid license issued by the Commissioner.
AA. ‘‘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 Commissioner,
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.
BB. ‘‘Valuable prize’’ means an object or service worth one hundred dollars
($100.00) or more in fair market value.
CC. ‘‘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 or an Indian Tribe.
[NCA 92–162, §§ 103, 303 subsec. A, 902, approved Dec. 23, 1992; amended by NCA
94–45, §§ 102, 103, approved Aug. 8, 1994; NCA 01–183, § 103, eff. Feb. 1, 2002.]
Code of Federal Regulations
Definitions, see 25 CFR 502.1 et seq.
§ 1–104. Interpretation of title
The provisions of this Title, being necessary for the welfare of the Nation and
its inhabitants, shall be liberally construed to effect the purpose and object
hereof. Article and section headings contained herein shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning or intent of
the provisions of any article or section hereof.
[NCA 92–162, §§ 104, 105, approved Dec. 23, 1992; amended by NCA 01–183, § 104,
eff. Feb. 1, 2002.]
435
Title 21, § 1–104
GAMING
Library References
Indians O331.
Westlaw Topic No. 209.
C.J.S. Indians §§ 77, 193.
§ 1–105. Severability
The provisions of this Title are severable and if any part or provision hereof
shall be held void by a court of competent jurisdiction, the decision of the Court
so holding shall not affect or impair any of the remaining parts or provisions of
the Title.
[NCA 92–162, § 107, approved Dec. 23, 1992; amended by NCA 01–183, § 105, eff. Feb.
1, 2002.]
436
CHAPTER 2.
PUBLIC GAMING COMMISSIONER
Section
2–101. Office of Public Gaming Commissioner established.
2–102. Appointment and term of office.
2–103. Outside employment and activities of Commissioner.
2–104. Removal from office.
2–105. Duties.
2–106. Authority of Commissioner.
§ 2–101. Office of Public Gaming Commissioner established
In order to provide for the orderly development, administration, and regulation of public gaming, there is established the Muscogee (Creek) Nation Public
Gaming Commissioner.
[NCA 92–162, § 201, approved Dec. 23, 1992; amended by NCA 01–183, § 201, eff. Feb.
1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 2–102. Appointment and term of office
A. The Principal Chief shall nominate a preferred citizen of the Muscogee
(Creek) Nation or the best qualified individual to serve as the Commissioner,
subject to confirmation by the National Council by duly adopted Tribal Resolution. The Commissioner’s term will be for a period of not to exceed four (4)
years to expire at the end of the term of office of the Principal Chief who made
the appointment; provided that a Commissioner may serve more than one (1)
term in office. The Commissioner shall be subject to a background investigation which shall contain the same information as required from gaming license
applicants. The background investigation shall be completed by the Attorney
General or a company selected by the Attorney General that performs background investigations. All costs associated with the background investigation
shall be borne by the Office of Public Gaming. The findings shall be presented
to 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. Severance clause. If any part or provision hereof shall be held void by
Tribal or federal court, the decision of the Court so holding, shall not affect or
impair any of the remaining provisions hereof.
[NCA 92–162, § 201, approved Dec. 23, 1992; amended by NCA 01–183, § 202, eff. Feb.
1, 2002; NCA 03–155, § 1, approved Nov. 3, 2003; NCA 04–035, § 8, eff. March 12,
2004; NCA 04–111, § 1, eff. Oct. 29, 2004.]
Cross References
Full citizenship, see Const. Art. III, § 4.
437
Title 21, § 2–102
GAMING
Library References
Indians O334, 339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 2–103. Outside employment and activities of Commissioner
The Commissioner may not hold other Tribal positions except temporary
duties assigned by Executive Order to be performed without increase in
compensation. The Commissioner may not be employed outside of the Nation.
The Commissioner shall post a bond with the Muscogee (Creek) Nation in the
amount of one hundred thousand and no/100 dollars ($100,000.00).
[NCA 92–162, § 202, approved Dec. 23, 1992; amended by NCA 01–183, § 203, eff. Feb.
1, 2002; NCA 03–155, § 2, approved Nov. 3, 2003.]
Library References
Indians O334, 339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 2–104. Removal from office
The Commissioner may be removed from office prior to the end of any term
for cause in accordance with Chapter 1 of Title 31 (Title 31, § 1–101 et seq.) of
the Code of Laws of the Muscogee (Creek) Nation.
[NCA 92–162, § 201, approved Dec. 23, 1992; amended by NCA 01–183, § 204, eff. Feb.
1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 2–105. Duties
The Commissioner shall be charged with the responsibility of administering
and enforcing the provisions of this Title. It shall be the responsibility of the
Commissioner to promulgate regulations necessary to administer provisions of
this Title. These duties shall include but not be limited to the following:
1. Printing and making available application forms for initial and renewal
licenses, as well as any other necessary licenses.
2.
Supervising the collection of all fees and taxes prescribed in this Title.
3.
Processing all license applications.
4.
Issuing licenses.
5.
Determining applicable license fees.
6.
Auditing all returns.
7. Reviewing all gaming operation contracts, records, documents, and anything else necessary and pertinent to the financial accountabilities of licensees
or to the enforcement of any provision of this Title or Office of Public Gaming
regulations.
438
PUBLIC GAMING COMMISSIONER
Title 21, § 2–106
8. Denying any application, limit, condition, suspending, or restricting any
license or permit, making a finding of suitability or approval of the license or
permit, or a finding of suitability or approval of or the imposition of a fine upon
any person licensed or permitted for any cause deemed reasonable by the
Commissioner.
9. Performing any other duties required in this Title or any amendments
thereto or other duties that may hereafter be specified by the Commissioner.
10. Employing legal counsel with consent of the Muscogee (Creek) Nation
under applicable laws.
11. Defending this Title in any court of law in consultation and with the
concurrence of the Attorney General.
12. Acting as designee agent for service of process for any legal disputes
that may arise at any of the Nation’s gaming facilities.
[NCA 92–162, § 203, approved Dec. 23, 1992; amended by NCA 94–45, § 105, approved
Aug. 8, 1994; NCA 01–183, § 205, eff. Feb. 1, 2002.]
Library References
Indians O334, 339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 2–106. Authority of Commissioner
The Commissioner may exercise any proper power and authority necessary to
perform the duties assigned by this Title. Regular and special meetings of the
Commissioner may be held, at the discretion of the Commissioner, at such time
and places as may be convenient and open to Tribal members, with notice
posted in a public place at least twenty-four (24) hours prior to the meeting.
The Commissioner may organize any functional divisions as may be necessary
and from time to time alter such plan of organization as may be expedient. The
Commissioner shall recommend the Office of Public Gaming 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 Commissioner shall give prior notice of the proposed action to all licensees and other
persons whom the Commissioner has reason to believe have a legitimate and
bona fide interest in such proposed action.
[NCA 92–162, §§ 204, 206, 207, 208, approved Dec. 23, 1992; NCA 01–183, § 206, eff.
Feb. 1, 2002.]
Library References
Indians O334, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
439
CHAPTER 3. LICENSES AND PERMITS
Section
3–101. License required.
3–102. Registration.
3–103. Classes and fees.
3–104. Exemptions.
3–105. Licensing requirements for Chartered Communities.
3–106. Time requirements for application for licenses.
3–107. License applications; notices.
3–108. License applications; background investigations.
3–109. License eligibility determination.
3–110. Procedures for forwarding license applications and reports to the NIGC.
3–111. Granting a gaming license.
3–112. License suspension.
3–113. Display of license.
3–114. Amendment of license.
3–115. Fees.
3–116. Non-transferability.
3–117. Licenses revocable.
3–118. Violations.
3–119. Review of contracts.
3–120. Review of lease.
3–121. Fingerprinting.
Code of Federal Regulations
Gaming licenses for key employees and primary management officials, see 25 CFR 558.1 et seq.
§ 3–101. License required
A. The following persons shall be required to have and display prominently
an appropriate, valid and current public gaming license issued pursuant to the
provisions of this Title:
1. Any person conducting gaming, pari-mutuel racing, off-track betting, or
lottery on Muscogee (Creek) Nation property;
2. Any gaming vendor doing business with the Muscogee (Creek) Nation or
one of its licensees;
3.
All key employees and primary management officials;
4.
All employees of a gaming facility;
5. Other persons who enter into a business relationship or contract with a
gaming facility or its licensees and who are required by the Muscogee (Creek)
Nation Office of Public Gaming regulations to obtain a license.
B. Any other forms of public gaming operations being conducted within the
jurisdiction of the Muscogee (Creek) Nation without the lawful written approval
of the Commissioner are prohibited.
[NCA 92–162, § 301, approved Dec. 23, 1992; amended by NCA 01–183, § 301, eff. Feb.
1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
440
Title 21, § 3–103
LICENSES AND PERMITS
C.J.S. Indians § 193.
§ 3–102. Registration
A. The following persons shall be required to register with the Office of
Public Gaming by completing and submitting a registration form to the Office
of Public Gaming prior to entering the property of a Muscogee (Creek) Nation
gaming facility, subject to the exception in subsection C of this section:
1. All employees or independent contractors of persons required to be
licensed with the Office of Public Gaming;
2.
All persons making deliveries or picking up items at a gaming facility;
3. All persons who enter into a business relationship or contract with a
gaming facility or its licensees and who are determined by the Muscogee
(Creek) Nation Office of Public Gaming as not requiring a license;
4.
All persons servicing or monitoring public utilities.
B. The Office of Public Gaming shall at a minimum make an updated list of
registered persons available to the gaming facilities on every Friday of each
week.
C. All persons required by subsection A to be registered with the Office of
Public Gaming shall initially enter the public entrance of the gaming facility.
The security officer shall verify with the Office of Public Gaming whether the
person is registered and the person shall sign his or her name to a daily log
kept with security personnel. Any person required to register who fails to do so,
or any person who fails to sign the daily log upon entering the gaming facility,
shall be banned from all Muscogee (Creek) Nation gaming facilities until
further written notice from the Office of Public Gaming.
D. A person described in subsection A shall not be required to have
submitted a registration form to the Office of Public Gaming prior to entry into
a gaming facility if said person completes a registration form and submits it to
the gaming facility and signs his or her name on the daily log pursuant to
subsection C; provided that the gaming facility shall immediately transmit the
registration form to the Office of Public Gaming.
[NCA 01–183, § 302, eff. Feb. 1, 2002.]
Library References
Indians O334, 339, 339.5.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–103. Classes and fees
Different classes of licenses shall be issued, and each have a separate fee and
separate privileges. Each license shall be for a specific place. A licensee who
desires to operate multiple locations shall obtain multiple licenses. A licensee
shall operate and conduct only those activities authorized by the license
obtained. The classes of licenses are listed below:
A. Class ‘‘A’’. A Class A license may be issued to the Creek Nation Festival
Committee, or the Creek Nation Rodeo Committee, at an annual rate of one
441
Title 21, § 3–103
GAMING
hundred dollars ($100.00), for the revocable privilege of conducting bingo
games for the remainder of the calendar year.
B. Class ‘‘C’’. A Class C license may be issued to any applying Muscogee
(Creek) Indian Chartered Community at a monthly rate of ten dollars ($10.00)
for the revocable privilege of conducting of bingo games during the remainder
of that calendar year.
C. Class ‘‘C–2’’. A Class C–2 license may be issued to Tribal entities, where
the use of Tribal funds are involved, at an annual rate of twenty-five dollars
($25.00) for the revocable privilege of conducting bingo games during the
remainder of the calendar year.
D. Class ‘‘E–1’’. A Class E–1 license may be issued to any key employee or
primary management official.
E. Class ‘‘E–2’’. A Class E–2 license may be issued to any employee of a
gaming facility who is not a key employee.
F. Class ‘‘L’’. A Class L license may be issued to the Gaming Operations
Authority Board, Division of the Lottery, to conduct a lottery and to permit
agents to sell lottery tickets or shares for the remainder of the calendar year.
G. Class ‘‘O’’. A Class O license may be issued to the Gaming Operations
Authority Board, Division of Off-Track Betting, to conduct off-track betting for
the remainder of the calendar year.
H. Class ‘‘P’’. A Class P license may be issued to any person at an annual
rate of one hundred thousand dollars ($100,000.00), for the revocable privilege
of conducting pari-mutuel racing or off-track betting.
I. Class ‘‘S’’. Satellite bingo is the activity wherein bingo games are electronically transmitted by the utilization of live or prerecorded pictures or data
from predesignated satellites owned, leased or through use of agreement to
authorized sending units, places or areas, at an annual rate of twelve hundred
dollars ($1,200) for the revocable privilege of transmitting, satellite bingo
games into a specific location within the reservation. Class S licensees shall
abide by this title and all rules and regulations promulgated by the Commissioner. Approval of leases or contracts for satellite bingo enterprises between
the Muscogee Nation and any third party will be approved by law.
J. Class ‘‘T’’. A Class T license may be issued to the Gaming Operations
Authority Board, at an annual rate of twelve hundred dollars ($1,200.00) for the
revocable privilege of conducting gaming in a specific location within the
reservation of the Muscogee (Creek) Nation for the remainder of the calendar
year.
K. Class ‘‘V’’. A Class V license may be issued to the Gaming Operations
Authority Board, Division of Video Gaming, to conduct video games for the
remainder of the calendar year.
L. Class ‘‘Z’’. A Class Z license may be issued to any gaming vendor who
enters into a business relationship with any of the Nation’s gaming facilities or
licensees; conducts business within the political jurisdiction of the Nation; or to
442
Title 21, § 3–106
LICENSES AND PERMITS
any person who enters into a business relationship with any of the Nation’s
gaming facilities or its licensee.
[NCA 92–162, § 302, approved Dec. 23, 1992; amended by NCA 94–45, § 105, approved
Aug. 8, 1994; NCA 99–121, § 102 subsec. A, approved Aug. 20, 1999; NCA 01–183,
§ 303, eff. Feb. 1, 2002.]
Library References
Indians O334, 339, 339.5, 340.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–104. Exemptions
The following activities are not public gaming operations under the terms of
this Title, and therefore do not require a license under this Title:
A.
Class I gaming.
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
Commissioner.
[NCA 92–162, § 303, approved Dec. 23, 1992; amended by NCA 01–183, § 304, eff. Feb.
1, 2002.]
Library References
Indians O334.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 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. They shall not take an active role in management of the gaming
facility. If the Commissioner determines that a Community Chairperson, ViceChairperson 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.
[NCA 01–183, § 305, eff. Feb. 1, 2002.]
Library References
Indians O335.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–106. Time requirements for application for licenses
A. All persons, except those seeking a class E–1 or E–2 license, who seek to
engage in gaming activities within the Muscogee (Creek) Nation, must apply for
a license at least thirty (30) days prior to the scheduled activities. Every licensee
443
Title 21, § 3–106
GAMING
intending to continue gaming activities within the Muscogee (Creek) Nation
during the next following calendar year shall apply for renewal of the license at
least thirty (30) days prior to the end of the previous license period.
B. Immediately upon application for employment in a gaming facility, the
potential employer shall hand deliver to the Office of Public Gaming the
necessary information to obtain a criminal background check of the potential
employee along with the applicable fee for such background check. The gaming
operation shall terminate employment of a person who is required to have a
license pursuant to Title 21, § 3–101, if that person does not have a license
within 90 days of the date of employment.
[NCA 92–162, §§ 304, 305, approved Dec. 23, 1992; amended by NCA 01–183, § 306,
eff. Feb. 1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–107. License applications; notices
A. The following notice shall be placed on the application form for license
applicants before that form is filled out by an applicant:
‘‘In compliance with the Privacy Act of 1974 1, the following information is
provided: Solicitation of the information on this form is authorized by 25
U.S.C. § 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The
information will be used by NIGC members and staff, who have need for the
information in the performance of their official duties. The information may
be disclosed to appropriate federal, Tribal, state, local or foreign law enforcement and regulatory agencies, when relevant to civil, criminal or regulatory
investigations or prosecutions or when pursuant to a requirement by a Tribe
or the NIGC in connection with the hiring or firing of any employee, the
issuance or revocation of a gaming license, or investigation of activities while
associated with a Tribe or a gaming operation. Failure to consent to the
disclosures indicated in this notice will result in a Tribe’s being unable to
issue a gaming license to you. The disclosure of your social security number
(SSN) is voluntary. However, failure to supply a SSN may result in errors in
processing your application.’’
B. Existing gaming licensees shall be notified in writing that they shall
either:
1.
Complete a new application form that contains a Privacy Act notice; or
2. Sign a statement that contains the Privacy Act notice and consent to the
routine uses described in that notice.
C. The following notices shall be placed on the application form for license
applicants before that form is filled out by an applicant:
‘‘A false statement on any part of your application may be grounds for not
hiring you or for firing you after you begin work. Also, you may be punished
by fine or imprisonment (USC Title 18, Sec. 1001).’’
444
Title 21, § 3–108
LICENSES AND PERMITS
D. The Commissioner shall notify in writing existing gaming licensees that
they shall either:
1. Complete a new application form that contains a notice regarding false
statements; or
2.
Sign a statement that contains the notice regarding false statements.
[NCA 92–162, § 1008 subsec. A, approved Dec. 23, 1992; amended by NCA 94–45,
§ 109, approved Aug. 8, 1994; NCA 01–183, § 307, eff. Feb. 1, 2002.]
1 See 5 U.S.C.A. § 552a.
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–108. License applications; background investigations
A. The Commissioner shall request from each gaming license applicant all
of the following information:
1. Full name, other names used (oral or written), SSN(s), birth date, place
of birth, citizenship, gender, all languages (spoken or written);
2. Currently and for the previous five (5) years: business and employment
positions held, ownership interests in those businesses, business and residence
listed addresses, and driver’s license numbers;
3. The names and current addresses of at least three (3) personal references,
including one personal reference who was acquainted with the applicant during
each period of residence listed under paragraph 2 of this subsection;
4.
Current business and residence telephone numbers;
5. A description of any existing and previous business relationships with
Indian Tribes, including ownership interest in those businesses;
6. A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those businesses;
7. The name and address of any licensing or regulatory agency with which
the person has filed an application for a license or permit relating to gaming,
whether or not such license or permit was granted;
8. For each felony for which there is an ongoing prosecution or a conviction, the change, the name and address of the court involved, and the date and
disposition, if any;
9. For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations) within ten (10) years of the date of the
application, the name and address of the court involved, and the date and
disposition;
10. For each criminal charge (excluding minor traffic charges), whether or
not there is a conviction, if such criminal charge is within ten (10) years of the
date of the application and is not otherwise listed pursuant to paragraph 8 or 9
of this subsection, the criminal charge, the name and address of the court
involved and the date and disposition;
445
Title 21, § 3–108
GAMING
11. The name and address of any licensing or regulatory agency with which
the person has filed an application or an occupational license or permit,
whether or not such license or permit was granted;
12.
A current photograph;
13.
Any other information the Tribe deems relevant; and
14.
Fingerprints consistent with procedures adopted by the Tribe.
B. The Commissioner shall conduct an investigation sufficient to make a
determination of license eligibility pursuant to Title 21, § 3–109. In conducting
a background investigation, the Commissioner or his agent shall promise to
keep confidential the identity of each person interviewed in the course of the
investigation.
[NCA 92–162, § 1008 subsec. B, approved Dec. 23, 1992; amended by NCA 94–45,
§ 109, approved Aug. 8, 1994; NCA 01–183, § 308, eff. Feb. 1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
Code of Federal Regulations
Background investigations for primary management officials and key employees, see 25 CFR 556.1
et seq.
§ 3–109. License eligibility determination
The Commissioner shall review an applicant’s prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility of a license applicant for employment in a gaming operation.
If the Commissioner determines that employment of the person poses a threat
to the public interest or to the effective regulation of gaming, or creates or
enhances dangers of unsuitable, unfair or illegal practices and methods and
activities in the conduct of gaming, the Commissioner shall not issue a license
to the applicant.
[NCA 92–162, § 1008, subsec. C, approved Dec. 23, 1992; amended by NCA 94–45,
§ 109, approved Aug. 8, 1994; NCA 01–183, § 309, eff. Feb. 1, 2002; NCA 03–155, § 3,
approved Nov. 3, 2003, eff. Dec. 11, 2003; NCA 04–064, § 2, approved April 30, 2004,
eff. Oct. 29, 2004.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 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 Commissioner shall forward to the NIGC a completed application for employment, conduct the background investigation and make
the eligibility determination referred to in Title 21, § 3–109.
446
Title 21, § 3–111
LICENSES AND PERMITS
B. The Commissioner shall prepare and forward the NIGC an investigative
report on each background investigation. An investigative report shall include
all of the following:
a.
Steps taken in conducting a background investigation;
b.
Results obtained;
c.
Conclusions reached; and
d.
The basis for those conclusions.
C. The Commissioner shall submit with the investigative report a copy of
the Commissioner’s eligibility determination.
D. If a license is not issued to an applicant, the Commissioner shall notify
the NIGC and may forward copies of its eligibility determination and investigative report (if any) to the NIGC for inclusion in the Indian Gaming Individuals
Records System.
E. The Commissioner 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.
[NCA 92–162, § 1008, approved Dec. 23, 1992; amended by NCA 94–45, § 109,
approved Aug. 8, 1994; NCA 01–183, § 310, eff. Feb. 1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–111. Granting a gaming license
A. If within a thirty (30) day period after the NIGC receives a report, the
NIGC notifies the Tribe that it has no objection to the issuance of a license to a
gaming license applicant for whom the Tribe has provided an application and
investigative report to the NIGC, the Commissioner may issue a license to such
applicant.
B. The Commissioner shall respond to a request for additional information
from the Chairman of the NIGC concerning a gaming license applicant who is
the subject of a report. Such request shall suspend the thirty (30) day period
under paragraph 1 of subsection G of this section until the Chairman of the
NIGC receives the additional information.
C. If within the thirty (30) day period described above, the NIGC provides
the Commissioner with a statement itemizing objections to the issuance of a
license to a gaming license applicant for whom the Commissioner has provided
an application and investigative report to the NIGC, the Commissioner shall
reconsider the application, taking into account the objections itemized by the
NIGC. The Commissioner shall make the final decision whether to issue a
license to such applicant.
[NCA 92–162, § 1008 subsec. F, approved Dec. 23, 1992; amended by NCA 94–45,
§ 109, approved Aug. 8, 1994; NCA 01–183, § 311, eff. Feb. 1, 2002.]
447
Title 21, § 3–111
GAMING
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–112. License suspension
1. If after the issuance of a gaming license, the Commissioner receives from
the NIGC reliable information indicating that a gaming license applicant is not
eligible for a license, the Commissioner shall suspend such license and shall
notify in writing the licensee of the suspension and the proposed revocation.
2. The Commissioner shall notify the licensee of a time and a place for the
hearing on the proposed revocation.
3. After a revocation hearing, the Commissioner shall decide to revoke or to
reinstate a gaming license. The Commissioner shall notify the NIGC of the
decision.
[NCA 92–162, § 1008 subsec. G, approved Dec. 23, 1992; amended by NCA 94–45,
§ 109, approved Aug. 8, 1994; NCA 01–183, § 312, eff. Feb. 1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–113. Display of license
Every gaming facility shall display in a prominent place a current and valid
license for that location.
[NCA 92–162, § 306, approved Dec. 23, 1992; amended by NCA 01–183, § 313, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–114. Amendment of license
When a licensee changes location of gaming activities within the Muscogee
(Creek) Nation, the Commissioner 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.
[NCA 92–162, § 307, approved Dec. 23, 1992; amended by NCA 01–183, § 314, eff. Feb.
1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–115. Fees
Each application for an initial or renewal license shall be accompanied by
payment of the license fee. The Commissioner’s determination of the license fee
448
Title 21, § 3–118
LICENSES AND PERMITS
properly owed under this Title shall be final. This fee is imposed for the
revocable privilege of being licensed to engage in public gaming activities
within the Muscogee (Creek) Nation. All license fees shall be paid to the
Treasury of the Muscogee (Creek) Nation.
[NCA 92–162, §§ 308, 310, approved Dec. 23, 1992; amended by NCA 01–183, § 315,
eff. Feb. 1, 2002.]
Library References
Indians O340.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–116. Non-transferability
The license issued pursuant to the provisions of this Title is valid only for the
person at the place of business shown on the face thereof. It is not assignable or
otherwise transferable to any other person or for any other location without the
written approval of the Commissioner.
[NCA 92–162, § 309, approved Dec. 23, 1992; amended by NCA 01–183, § 316, eff. Feb.
1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–117. Licenses revocable
A license is a revocable privilege, and no holder thereof shall be deemed to
have a part in any vested rights therein. The burden of proving qualifications to
hold any license rests at all times in the licensee. The Commissioner is charged
by law with the duty of continually observing the conduct of all licensees to the
end that licenses shall not be held by unqualified or disqualified persons or
persons whose operations are conducted in an unsuitable or questionable
manner.
[NCA 92–162, § 311, approved Dec. 23, 1992; amended by NCA 01–183, § 317, eff. Feb.
1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–118. Violations
Violations of any provisions of this Title or any of the Commissioner’s
regulations by a licensee, his agent or employee shall be deemed contrary to the
public 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 license; grounds for the filing of criminal
charges; or grounds for a civil action. Acceptance by a licensee of a license, its
renewal, or condition imposed thereon, constitutes an agreement on the part of
449
Title 21, § 3–118
GAMING
the licensee to be bound by all the regulations of the Commissioner and the
provisions of this Code as they are now or may hereafter be amended or
promulgated. It is the responsibility of the licensee to keep himself informed of
the contents of all such regulations and provisions, and ignorance thereof will
not excuse the violations.
[NCA 92–162, § 312, approved Dec. 23, 1992; amended by NCA 01–183, § 318, eff. Feb.
1, 2002.]
Library References
Indians O334, 339, 343.
Westlaw Topic No. 209.
C.J.S. Indians §§ 179 to 188, 193.
§ 3–119. Review of contracts
As a provision of licensing, no facility shall be operated pursuant to a
management agreement or contract, and no facility shall operate gaming
devices pursuant to a vendor agreement or contract, until said facility has
acquired the review of the Gaming Commissioner for purposes of determining
whether the said agreement or contract, or the gaming device which is the
subject of the agreement or contract, complies with applicable law. All other
leases, contracts or other agreements involving gaming activities shall be
provided to the Gaming Commissioner for review.
[NCA 92–162, § 313, approved Dec. 23, 1992; amended by NCA 01–183, § 319, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
Code of Federal Regulations
Management contract provisions, see 25 CFR 531.1 et seq.
§ 3–120. Review of lease
No licensee shall conduct any activity authorized under this Title upon any
premises, if the lease, license, contract, or any other agreement under which
right to use said premises is not first fully disclosed to the Commissioner. A
Chartered Indian Community must have a valid facility-use agreement with the
Muscogee (Creek) Nation to conduct gaming at that location.
[NCA 01–183, § 320, eff. Feb. 1, 2002.]
Library References
Indians O334, 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 3–121. Fingerprinting
The Office of Public Gaming shall be designated as a law enforcement agency
only for the purpose of taking fingerprints of gaming license applicants for
450
Title 21, § 3–121
LICENSES AND PERMITS
purposes of completing required background investigations. All NIGC procedures for processing fingerprint cards shall be followed.
[NCA 92–162, § 314, as amended by NCA 94–45, § 106, approved Aug. 8, 1994;
amended by NCA 01–183, § 321, eff. Feb. 1, 2002; NCA 04–097, § 1, eff. Aug. 16, 2004.]
Library References
Indians O334, 339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
451
CHAPTER 4. GAMING OPERATIONS
AUTHORITY BOARD
Section
4–101. Policy.
4–102. Board composition.
4–103. General and specific authority, powers and responsibilities of the Board, and
limitations thereon.
Table of Prior Statutes
Former Section
New Sections
4–101 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
4–102 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–106
4–103 TTTTTTTTTTTTTTTTTTTTTTTTTT 4–103, 4–110
4–104 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–110
4–105 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
4–106 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104
4–107 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–108
4–108 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–109
4–109 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112
4–110 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104
4–111 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–111
4–112 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104
Former Section
New Sections
4–113 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
4–114 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104
4–115 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–105
4–116 TTTTTTTTTTTTTTTTTTTTTTTTTT 4–108, 4–112
4–117 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112
4–118 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–108
4–119 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112
4–120 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
4–121 TTTTTTTTTTTTTTTTTTT 4–108, 4–109, 4–110
4–122 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–113
4–123 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–114
4–124 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–115
§ 4–101. Policy
The Gaming Operations Authority Board is authorized to negotiate with
persons who desire to enter into gaming ventures with the Creek Nation for
locations both within and external to the present boundaries of the Creek
Nation. Such ventures may include but not be limited to land acquisition,
financing packages and management contracts. Any management contract or
agreement related to land acquisition, financing packages and construction
negotiated by the Board is subject to approval by Tribal Resolution of the
National Council.
[NCA 91–102, § 103, approved Nov. 25, 1991; amended by NCA 01–183, § 401, eff. Feb.
1, 2002.]
Code of Federal Regulations
Management contract provisions, see 25 CFR 531.1 et seq.
§ 4–102. Board composition
A. Membership and appointment. The Gaming Operations Authority
Board shall consist of five (5) members, two (2) of whom shall be nominated by
the Principal Chief and confirmed by the National Council by Tribal Resolution
and three (3) nominated and confirmed by the National Council by Tribal
Resolution and who shall possess the following educational and professional
qualifications: B.A. Degree in Business related courses; Certified Public Accountant (C.P.A.); Architectural Engineer and Juris Doctorate with a minimum
of five (5) years work experience. All such appointments shall be for a period
of two (2) years to commence on the date the confirmee received his or her
gaming license, at the expiration of which the office shall be vacant without
holdover.
452
GAMING OPERATIONS AUTHORITY BOARD
Title 21, § 4–102
B. License. All persons so confirmed shall, within thirty (30) days of
confirmation, apply to the Nation’s Office of Public Gaming for a license and
undergo a background investigation as a primary management official. Any
such Tribal Resolution confirming a nominee to serve as a member of the
Board shall be conditional upon his or her applying and qualifying for an
individual gaming license as a primary management official. No such person
so confirmed shall take office or perform any duties as a member of the
Gaming Operation Authority Board until granted a gaming license by the
Commissioner.
C. Effect on rejected candidate. In the event that a motion to approve a
Tribal Resolution appointing a Board member or confirming the Principal
Chief’s appointment of a Board Member fails upon vote of the National
Council, such person shall not be eligible for appointment to the Board a period
of one (1) year from the date of the said vote.
D. Ex-officio Member. There shall also be an ex-officio member on the
Gaming Operations Authority Board who shall be a member of the Business
and Governmental Committee of the National Council and selected by said
Committee. The ex-officio member shall not be required to obtain a gaming
license. The ex-officio member shall have no voting rights nor may he or she
be counted for the purpose of establishing a quorum. The ex-officio member
shall act only as liaison between the GOAB and the National Council.
E. Vacancies. In the event that the position of a Board member nominated
by the Principal Chief becomes vacant, the Principal Chief shall make a new
nomination, which shall be confirmed by the National Council by Tribal
Resolution. In the event that a position of a board member nominated by the
National Council becomes vacant, the National Council shall nominate and
confirm a new appointment by Tribal Resolution.
F. Stipends/Mileage. Gaming Operations Authority Board Members, except the ex-officio National Council member, shall receive a stipend of $200.00
for attendance at each duly called meeting of the Board or duly called meeting
of the National Council, provided that to receive a stipend for attendance at a
National Council meeting the Board’s attendance must be requested either by
the Speaker, Chairperson of the Business and Governmental Committee or the
Principal Chief. In addition to a stipend, Board members shall receive mileage
for attendance at meetings, conferences, and site visits to gaming facilities
under the GOAB’s jurisdiction, provided attendance is in furtherance of a valid
function of the Board. All mileage reimbursement shall be at the Nation’s
current rate in accordance with the Nation’s travel policies and procedures.
[NCA 98–04, § 103, veto overridden March 28, 1998; amended by NCA 00–59, § 103,
approved May 2, 2000; NCA 01–183, § 402, eff. Feb. 1, 2002; NCA 02–117, § 1,
approved July 30, 2002; NCA 03–067, §§ 1–2, eff. Aug. 29, 2003; NCA 04–114, § 2, eff.
Oct. 29, 2004; NCA 05–051, § 1, eff. June 26, 2005, approved March 28, 2005; NCA
06–022, § 3, eff. June 15, 2006, approved March 3, 2006; NCA 06–188, § 1, eff. Dec. 5,
2006, approved Sept. 6, 2006; NCA 09–061, § 2, approved April 7, 2009.]
Historical and Statutory Notes
Effective date:
NCA 09–061, § 3, provides:
‘‘The effective date of this amendment shall
be on the date of approval by the National
453
Title 21, § 4–102
GAMING
Indian Gaming Commission; on the date the
National Indian Gaming Commission determines that approval of the amendments are not
necessary; or in the absence of issuance of
approval or disapproval by the National Indian
Gaming Commission, ninety days from the date
of submission of this amendment to the Nation-
al Indian Gaming Commission, whichever date
occurs first.’’
Derivation:
NCA 89–84, § 102; amended by NCA 93–103,
§ 104.
Library References
Indians O339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 4–103. General and specific authority, powers and responsibilities of the
Board, and limitations thereon
A.
General authority, powers and responsibilities.
1. As the governmental agency of the Muscogee (Creek) Nation charged
with the responsibility of administering and managing the Nation’s gaming
facilities and operations, the primary authority and responsibility of the Gaming Operations Authority Board shall be to establish the policies, procedures,
standards and goals for the efficient and profitable management and operation
of the Nation’s gaming facilities in compliance with applicable provisions of the
Indian Gaming Regulatory Act 1, other federal gaming laws applicable to Indian
gaming, the rules and regulations of the National Indian Gaming Commission,
the Nation’s gaming laws, and the rules and regulations of the Nation’s Office
of Public Gaming.
2. In addition to the foregoing authority and responsibility, the Gaming
Operations Authority Board shall have the authority, power and responsibility
to oversee, direct and supervise the activities of the managers of the Nation’s
gaming facilities, and to assure that, in carrying out their duties hereunder, said
managers are implementing and adhering to the policies, procedures, standards
and goals established by the Board.
B.
Specific authority, powers and responsibilities.
1. The Gaming Operations Authority Board shall adopt, no later than one
hundred eighty (180) days after the adoption of this Title, written rules, policies,
procedures and/or standards for the efficient and profitable conduct, management and operation of the Nation’s gaming facilities, which rules, policies and
procedures shall be consistent with all applicable federal and Tribal gaming
laws, rules and regulations, and shall address, at a minimum, the following
matters:
a. Codes of conduct for all managers, staff and employees of the Board and
the Nation’s gaming facilities, in dealing with the gaming public as well as with
all gaming managers, staff and employees;
b. Personnel policies and procedures to be followed in the hiring, supervision, management, promotion, disciplining and/or termination of staff and
employees of the Board as well as gaming facility managers, staff and employees, including provisions for employment appeals and grievances filed by such
managers, staff and employees;
454
GAMING OPERATIONS AUTHORITY BOARD
Title 21, § 4–103
c. Facilities maintenance, safety and security, subject to and in strict compliance with any security measure or standards required by the Office of Public
Gaming;
d. Procurement policies and procedures to be used in contracting for and/or
purchasing goods, services and gaming supplies, including without limitation
rules prohibiting transactions and/or actions which would violate the Nation’s
laws regarding conflicts of interest;
e. Financial management, including accounting and reporting procedures
and standards, controls over the use and safekeeping of cash and accounts, and
preparation of any reports required by this Title, other applicable laws of the
Muscogee (Creek) Nation, the Office of Public Gaming, the National Indian
Gaming Commission and/or any applicable laws of the United States;
f. Such other subjects which the Board deems appropriate for the effective
management and operation of the Nation’s gaming facilities or which may be
otherwise required by law.
2. Any rules, policies, procedures and standards adopted pursuant to this
section shall be submitted to the Principal Chief, the National Council, and the
Office of Public Gaming no later than one hundred eighty (180) days after the
enactment of this Title and shall not become effective until the same are
approved by duly adopted Tribal Resolution. The rules, policies, procedures
and/or standards may be revised by the Board from time to time but all such
revisions shall be submitted to the Principal Chief, National Council, and the
Office of Public Gaming and shall not become effective until approved by duly
adopted Tribal Resolution. Any rules, policies, procedures and standards of the
Board currently in effect which are not otherwise inconsistent with the provisions of this Title shall remain in effect until such new rules, policies, procedures and standards are duly approved by Tribal Resolution.
3. The Gaming Operations Authority Board shall have the power to contract
with any person, corporation, partnership or other business entity for goods,
supplies and services necessary and/or appropriate for the efficient operation of
the Nation’s gaming facilities, and this power shall include the power to enter
into routine equipment leases. Provided, however, any contract with a term of
more than one (1) year shall not be valid unless approved by duly adopted
Tribal Resolution. Provided further that the Board may delegate its power to
contract for goods, supplies and services to the facility managers provided that
any contract exceeding twenty-five thousand dollars ($25,000) shall not be valid
unless first approved by the Board; provided further that the Board may order,
by way of written resolution, that such approval shall also be required for
contracts of twenty-five thousand dollars ($25,000) or less.
4. The Gaming Operations Authority Board shall be responsible for the
protection, maintenance and proper disposition of all funds, accounts and other
property that come under its authority or control or that are used and/or
maintained in connection with and pursuant to its authority, powers and
responsibilities hereunder. In this connection, the Board shall:
a. Provide narratives and financial reports to the National Council and the
Principal Chief in accordance with the provisions of subsection F of this
section;
455
Title 21, § 4–103
b.
GAMING
Establish an internal auditing systems of operations;
c. Record and maintain a copy of the minutes of all meetings of the Board,
including meeting or portions of meetings conducted in executive session;
d. Promptly report any theft or misuse of funds or other property under the
Board’s control to the Lighthorse Police and the Attorney General of the
Muscogee (Creek) Nation;
e. Whenever requested in writing by the Speaker of the National Council,
appear before and answer to the National Council or any committee thereof so
designated by the Speaker, in connection with any investigation into the use or
disposition of funds, resources or property within the Board’s control or into
any other action or in actions of the Board;
f. Promptly respond to any lawful inquiry, order or directive of the Office of
Public Gaming; and
g. Cooperate in any criminal or civil investigation being conducted by the
Attorney General and Lighthorse Police, including the furnishing of documents,
papers or other evidence relevant to such investigation in accordance with
applicable law.
5. In addition to the foregoing authorities, powers and duties, the Board
shall have the authority, power and responsibility to:
a. Hire, supervise, direct, discipline and terminate the managers of the
Nation’s gaming facilities;
b. Hire, supervise, direct, discipline and terminate gaming administrative
staff, directors, employees and other subordinate personnel of the Nation’s
gaming facilities, including without limitation financial managers, assistant
facility managers and department heads; provided that the Gaming Operation
Authority Board is authorized to provide financial compensation to managers,
directors, and supervisors of the gaming operations as the Board determines
market conditions demand, and such managers, directors, and supervisors are
exempted from any salary or employee compensation restraints or caps that
otherwise exist under the laws of the Muscogee (Creek) Nation;
c. Operate the Nation’s gaming facilities so as to maximize the return on its
investment therein, in accordance with the Nation’s laws and all other applicable laws, rules, and regulations;
d. Plan and implement plans for the efficient and competitive operation of
the Nation’s gaming facilities and the marketing of its gaming services to the
public;
e. Assure that the Nation’s gaming facilities are managed and operated in
accordance with the highest standards of integrity, honesty, and fair dealing;
f. Implement, and require all managers and other personnel to implement,
the policies, procedures, rules and directives of the Gaming Operations Authority Board;
g. Report any theft or misuse of funds or property to the Attorney General
and cooperate in any investigation into same by the Attorney General, the
Lighthorse Police, and/or federal law enforcement agencies;
456
GAMING OPERATIONS AUTHORITY BOARD
Title 21, § 4–103
h. Delegate to gaming facility managers any of the authorities, powers and
responsibilities set forth in subparagraphs (b) and (g) of this paragraph;
provided, however, except as otherwise expressly provided herein, no manager
or other gaming employee shall have the power or authority to enter into any
contract, lease or other transaction, or engage in any other activity referred to
in subparagraphs (a) to (l) of paragraph 1 of subsection C of this section, unless
specifically authorized by the National Council pursuant to duly adopted Tribal
Resolution.
6. The Gaming Operations Authority Board is further authorized to conduct
gaming at the Nation’s Travel Plazas in accordance with the Nation’s gaming
laws, the rules, regulations, and authorities of the Nation’s Office of Public
Gaming, the regulations of the National Indian Gaming Commission, the
Indian Gaming Regulatory Act and/or other federal gaming laws applicable to
Indian Gaming; provided, however, the Board shall first negotiate for the use
of space within the Travel Plaza with the manager thereof. Any agreement for
the use of such space shall be in writing and signed by the Chairperson of the
Gaming Operations Authority Board and the Chairperson of the Tribal Trade
and Commerce Authority, or other entity that has assumed management of the
Nation’s Travel Plazas. After execution, copies of same shall be furnished to
the Principal Chief and to the Speaker of the National Council for distribution
to its members. Additional gaming facilities may be opened by the Board only
after the approval of new locations by duly enacted Tribal Resolution of the
National Council.
C.
Limitations on the Board’s authority.
1. Without first obtaining approval by Tribal Resolution by the National
Council, the Gaming Operations Authority Board shall have no power to:
a. Enter into contracts for the management of any game, gaming operation
or any portion thereof licensed by and/or subject to the jurisdiction of the
Muscogee (Creek) Nation;
b. Enter into contracts or agreements with a term exceeding one (1) year or
which cannot be performed within one (1) year;
c. Enter into contracts for the construction of buildings or any other
improvements to real property or buildings thereon exceeding fifty thousand
dollars ($50,000);
d. Enter into contracts with any other Indian Tribe, Indian Tribal gaming
authority, commission or agency, or any unit of federal, state or local government, excepting contracts for the provision of water, sewer, electricity and
other utilities;
e. Enter into leases, or agreements for the use, of real property or space
within any of the Nation’s gaming facilities;
f. Borrow money or make, accept, endorse or issue bonds, debentures,
promissory notes, mortgages, or security agreements or any other instrument of
indebtedness or guaranty;
g.
Make private or public donations of money or property;
h.
Sue or be sued in any Tribal, federal or state court;
457
Title 21, § 4–103
i.
GAMING
Hire or engage legal counsel;
j. Waive the sovereign immunity of the Muscogee (Creek) Nation for any
purpose whatsoever, or enter into any contract or agreement which contains
any provision purporting to waive the Nation’s sovereign immunity or which
purports to subject the Nation to the jurisdiction of any Tribal, state or federal
court;
k. Enter into any contract which, by its terms, violates the Nation’s gaming
laws, the regulations of the Office of Public Gaming, the regulations of the
National Indian Gaming Commission, the Indian Gaming Regulatory Act or
other applicable federal laws.
l. Have or attempt to exercise jurisdiction or control over any gaming
activities conducted by Chartered Creek Communities.
2. Any contract which by its terms violates any of the foregoing provisions
of this subsection shall be null, void and unenforceable ab initio in its entirety.
D.
Removal of Board members.
1. The members of the Gaming Operations Authority Board shall not be
subject to removal from office at the will and pleasure of the Principal Chief or
National Council, but may be removed from the Board only for any one or
more of the following causes set forth in a written petition and proved by a
preponderance of the evidence in the hearing provided for in paragraph 3 of
this subsection:
a.
dishonesty, gross misconduct or incompetence in office;
b. willful neglect of duty as evidenced by excessive absences from duly
convened meetings of the Board;
c.
conviction of a felony under federal, state, or Tribal law;
d. committing any act or engaging in any activity which would constitute a
criminal offense involving dishonesty or moral turpitude under federal, Tribal
or state law.;
e. 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;
f. being employed by the Muscogee (Creek) Nation or by any other board or
authority of the Muscogee (Creek) Nation or by the Creek Nation Foundation,
Inc., or by a Chartered Indian Community;
g. willful failure to disclose material information or facts to the Office of
Public Gaming in the Board member’s application for the individual gaming
license as required hereunder; or
h. revocation of the Board member’s individual gaming license by the Office
of Public Gaming in accordance with the Nation’s laws and regulations on the
licensing of gaming employees and officials.
2. A petition for removal hereunder may be filed by the Principal Chief or
any Committee of the National Council with jurisdiction over the Board’s
affairs upon a majority vote for removal by such Committee.
458
GAMING OPERATIONS AUTHORITY BOARD
Title 21, § 4–103
3. Any Board member accused of any of the foregoing causes shall be given
a copy of the petition charging him or her and afforded the right to respond to
the charges and present witnesses and other evidence in his or her defense at a
hearing convened by the National Council. The petition shall state the cause or
causes for removal with sufficient particularity to put the accused Board
member on notice of the nature of the charges against him or her. Both the
petitioner and the Board member so accused shall have the right to be
represented by an attorney at the hearing, provided that the Board member
shall be responsible for paying his or her own attorney fees and other expenses
in defending the petition. The petitioner shall be represented by the Attorney
General or, upon the request of the petitioner, a special prosecutor appointed
by the Attorney General. The National Council shall preside over the removal
hearing and receive the evidence. Removal of the accused Board member shall
require a majority vote of the National Council. The decision of the National
Council shall be final and binding on the Muscogee (Creek) Nation and the
Board member, and shall not be subject to judicial review.
E.
Meetings of the Board; open meeting requirements.
1. Regular meetings of the Gaming Operations Authority Board shall occur
bi-monthly at a designated place within the jurisdiction of the Muscogee
(Creek) Nation. The date and time of such regular meetings shall be set by the
Chairman, provided that proper notice is given according to the provisions
herein. The Board shall adopt procedures not inconsistent with this subsection
governing its meetings, which shall address, among other matters, the election
of a Chairman and a Vice–Chairman of the Board.
2. The Chairman (or in his absence, the Vice-Chairman) shall give notice of
the time and place of any regular monthly meeting of the Gaming Operations
Authority Board in writing to each Board member, the Board’s attorney, the
Attorney General, the Principal Chief, the Speaker of the National Council, and
the Office of Public Gaming, at least five (5) days before such meeting. Service
of said notice may be effected by first class U.S. mail, facsimile or handdelivery, and shall be effective on the date of delivery to the official entitled to
such notice or to the office of said official’s regular place of business in the case
of hand-delivery or facsimile transmission; or, in the case of notice sent by U.S.
mail, two (2) days after the notice, in a properly addressed envelope with
sufficient postage thereon, is deposited in the U.S. mail. The date of the
postmark on such envelope shall be conclusive evidence of its date of deposit in
the U.S. mail. In addition, such notice of the regular monthly meeting shall be
posted in each of the Nation’s gaming facilities and at the Tribal Complex in
Okmulgee, Oklahoma, at least three (3) days before such regular meeting.
3. Special meetings of the Gaming Operations Authority Board may be held
when circumstances require such a meeting. Special meetings may be called
by the Chairman, or by a majority of the Board. Notice of special meetings shall
be in writing and served on each Board member, the Principal Chief, the
Speaker of the National Council, and the Office of Public Gaming, at least fortyeight (48) hours before such meeting. Service of such notices shall be effected
by hand-delivery or facsimile and shall be effective upon the date of delivery to
the official entitled to such notice or to the office of said official’s meeting shall
459
Title 21, § 4–103
GAMING
be posted in each gaming facility and at the Tribal Complex in Okmulgee,
Oklahoma at least forty-eight (48) hours before such special meeting.
4. Emergency meetings may only be held in the most extraordinary circumstances. Emergency meetings may be called by giving telephone or facsimile
notice to each member of the Board, the Principal Chief, the Speaker of the
National Council, and the Office of Public Gaming, provided that no action in
an emergency meeting shall have any valid or binding effect unless ratified at
the next regular or special meeting of the Gaming Operations Authority Board.
5. All meetings of the Gaming Operations Authority Board shall require a
majority of the Board members to be present to constitute a quorum and
conduct business.
6. All meetings of the Gaming Operations Authority Board shall be public
meetings and therefore open to the public, except for executive sessions. The
Board may exclude any person from an executive session except the Board’s
attorney, Principal Chief, Second Chief, Speaker, Second Speaker, any National
Council Representative, representative from the Attorney General’s Office or
the representative of the Office of Public Gaming. The Board may go into
executive session only (1) to discuss personnel issues and matters of confidentiality that relate to one or more specific employees, or (2) to meet and consult
with the Board’s attorney on confidential legal matters. All other matters shall
be discussed audibly to all persons in the room in open session. Executive
sessions may only be held after they have been posted as an item on the agenda
for the meeting in which the executive session is held. The general subject of
the executive session must be described in the posted agenda, and no action by
the Board may occur in executive session. It shall be unlawful for any person
present in a meeting held in executive session to make public, or otherwise
disclose or describe to any person not so present, any discussion or statements
made during such executive session. Violation of any of the open meetings
requirements of this subsection shall constitute a criminal offense punishable
by up to six (6) months imprisonment and/or a five hundred dollar ($500.00)
fine. Persons who violate this subsection shall be subject to expulsion and
banishment from the Nation’s territory.
7. Notice of meetings of the Gaming Operations Authority Board, either
regular or special, shall contain an agenda which describes each item of
business to be conducted. The agenda may include a line item for new
business which shall allow the Board to discuss any new Gaming Operations
Authority Board business which has arisen since the time of the posting of the
agenda.
8. Minutes of all meetings of the Gaming Operations Authority Board, other
than meetings or portions thereof held in executive session, shall be kept by a
recording secretary. In addition thereto, an audio recording of all meetings
shall be made, except for that part of the meeting in executive session.
9. Any action taken by the Board during a meeting convened or held in
violation of this subsection shall be null and void.
F.
Reporting requirements of the Board.
460
GAMING OPERATIONS AUTHORITY BOARD
Title 21, § 4–103
1. The Gaming Operations Authority Board shall make written quarterly
reports to the Principal Chief and National Council on the affairs of the Board
and those matters they are responsible for. The Board shall also cause to be
delivered to the Principal Chief and the Speaker of the National Council,
monthly financial reports on all gaming revenues, expenses and expenditures of
facilities and/or games subject to the Board’s jurisdiction. The Board shall
deliver special reports to the Principal Chief and National Council upon the
request of either.
2. The Board shall be responsible for any and all reports required of them
from the Office of Public Gaming of the Muscogee (Creek) Nation, the rules and
regulations of the National Indian Gaming Commission and/or the Indian
Gaming Regulatory Act.
[NCA 98–04, § 104, veto overridden March 28, 1998; amended by NCA 01–183, § 403,
eff. Feb. 1, 2002; NCA 03–155, §§ 4–5, approved Nov. 3, 2003.]
1 25 U.S.C.A. § 2701 et seq.
Library References
Indians O339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
461
CHAPTER 5. RULES OF OPERATION
AND GENERAL APPLICABILITY
Section
5–101. Records, returns and audits.
5–102. Licensee avoidance of payment of proceeds.
5–103. Production of records; hearings.
5–104. Dual employment.
5–105. Age limit for gaming.
5–106. Licensee shall not play.
5–107. Prize awards.
5–108. Operator control.
5–109. Location of games.
5–110. Price-fixing prohibited.
5–111. Licensee responsibility.
5–112. Safety and welfare.
5–113. Receipt required for income and prizes in gaming.
5–114. Inspection of premises.
5–115. Alcoholic beverages.
5–116. Firearms.
5–117. Credit.
5–118. Fraud by licensee.
5–119. Licensee shall keep a current copy of the Code and regulations.
5–120. No geographic restrictions on contracts.
5–121. Resident agent.
5–122. Progressive payout.
5–123. Employee list.
5–124. Dispute resolution procedures.
5–125. Receiving items of value.
Code of Federal Regulations
Minimum internal control standards, see 25 CFR 542.1 et seq.
§ 5–101. Records, returns and audits
It shall be the responsibility of the Commissioner to promulgate regulations
establishing proper accounting procedures and methods of operation for all
licensees of gaming facilities, including Chartered Indian Communities, 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 Title or regulations of the Commissioner. Said accounting system shall be in accordance with generally accepted
accounting principles and shall reflect all business and financial transactions
involved or connected in any manner with the operation and conducting of
activities authorized by this Title.
[NCA 92–162, § 401, approved Dec. 23, 1992; amended by NCA 01–183, § 501, eff. Feb.
1, 2002.]
Library References
Indians O339, 340.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
462
Title 21, § 5–104
RULES OF OPERATION
§ 5–102. Licensee avoidance of payment of proceeds
Any delay, maneuver or action of any kind, which in the opinion of the
Commissioner, is effectuated by any licensee to unlawfully avoid paying the
proceeds properly owing to the Muscogee (Creek) Nation shall constitute
grounds for taking any disciplinary action deemed necessary by the Commissioner, including but not limited to fining, revoking, suspending, limiting, or
refusing to renew the license of any licensee.
[NCA 92–162, § 403, approved Dec. 23, 1992; amended by NCA 01–183, § 502, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 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 Commissioner, or shall otherwise interfere with any
proper and lawful efforts by the Commissioner to produce such information.
The Commissioner may summon any licensee or a licensee’s agents, employees,
or suppliers to appear to testify with regard to the conduct of any licensee or
the agents, employees, or suppliers of any licensee. All such testimony shall be
given under oath and may embrace any matters, which the Commissioner may
deem relevant to the discharge of his 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 Commissioner as evidence in any proceeding or
matter before the Commissioner or the Tribal District Court or, which may
later come before the Commissioner or the Tribal District Court. 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.
[NCA 92–162, § 404, approved Dec. 23, 1992; amended by NCA 01–183, § 503, eff. Feb.
1, 2002.]
Library References
Indians O411, 413, 421.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 5–104. Dual employment
Unless prior written approval is obtained from the Commissioner, no person
employed in the conduct of Public Gaming operating under one license shall be
employed under any other license authorized to operate under this title.
[NCA 92–162, § 406, approved Dec. 23, 1992; amended by NCA 01–183, § 504, eff. Feb.
1, 2002.]
463
Title 21, § 5–105
GAMING
§ 5–105. Age limit for gaming
No person, who is under the age of eighteen (18), shall operate nor shall 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.
[NCA 92–162, § 407, approved Dec. 23, 1992; amended by NCA 01–183, § 505, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–106. Licensee shall not play
No licensee shall be allowed to play any games in any facility for which they
are licensed. When a licensee plays games in another gaming facility, he or
she shall not wear badges, uniforms, or apparel of any kind that refers to or
bears logos or names of a gaming licensee. Special employee events shall be
exempt from this law. Employees of a Muscogee (Creek) Nation Travel Plaza
shall not play any games in a Muscogee (Creek) Nation Travel Plaza gaming
facility where they are employed.
[NCA 92–162, § 408, approved Dec. 23, 1992; amended by NCA 01–183, § 506, eff. Feb.
1, 2002; NCA 03–155, § 6, approved Nov. 3, 2003, eff. Dec. 11, 2003; NCA 04–080, § 2,
approved April 30, 2004, eff. July 29, 2004.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–107. Prize awards
Every gaming prize awarded during the operation authorized shall be awarded only to the person(s) actually winning the prize and displaying the proper
admission ticket.
[NCA 92–162, § 411, approved Dec. 23, 1992; amended by NCA 93–02, § 201, approved
Jan. 7, 1993; NCA 01–183, § 507, eff. Feb. 1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–108. Operator control
In all cases the bingo operator must have and exercise complete control over
that portion of the premises being used for bingo at all times said games are
being played. The licensee or permit holder shall be held liable for any violation
of this Title.
[NCA 92–162, § 415, approved Dec. 23, 1992; amended by NCA 98–61, § 103 subsec. B,
approved June 29, 1998; NCA 01–183, § 508, eff. Feb. 1, 2002.]
464
Title 21, § 5–111
RULES OF OPERATION
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–109. Location of games
Gaming shall be operated and conducted only on the appropriate licensed
premises authorized under this Title.
[NCA 92–162, § 416, approved Dec. 23, 1992; amended by NCA 01–183, § 509, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–110. Price-fixing prohibited
No manufacturer, distributor, or operator shall by agreement either express
or otherwise with any other manufacturer, distributor, or operator fix the price
at which any device, paraphernalia, machine, equipment, prize or any other
items used in connection with any of the activities authorized under this Title
shall be sold or which services in connection therewith shall be rendered. The
price of these items in a competitive market place shall be established by each
manufacturer, distributor, or operator for the products and services offered by
each and shall not be established, directly or indirectly, in concert with
another.
[NCA 92–162, § 417, approved Dec. 23, 1992; amended by NCA 01–183, § 510, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 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 Tribal Resolution
and the Commissioner. Provided that a Tribal entity or the Gaming Operations
Authority Board may contract with one of the Nation’s wholly owned Tribal
Travel Plazas for operation and supervision of the gaming operation within the
particular Travel Plaza of the Nation, subject to the contract, and any amendments thereto being reviewed and approved by the Commissioner. Be it further
provided, that any such Travel Plaza contract shall in no way relieve the
licensee of any of its duties and responsibilities under the Nation’s gaming laws
and regulations.
[NCA 92–162, § 418, approved Dec. 23, 1992; amended by NCA 98–61, § 103 subsec. C,
approved June 29, 1998; NCA 01–183, § 511, eff. Feb. 1, 2002.]
465
Title 21, § 5–111
GAMING
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–112. Safety and welfare
It is the policy of the Commissioner 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 Reservation. Responsibility for the employment and maintenance of suitable methods of operation
rests with the licensee and willful and persistent use or toleration of unsuitable
methods of operation will constitute grounds for license revocation or other
disciplinary actions. All establishments, wherein gaming operations are to be
conducted, must be certified as safe by the Commissioner prior to the issuance
of a license. Any alterations or modifications must be approved by the Commissioner.
[NCA 92–162, § 419, approved Dec. 23, 1992; amended by NCA 01–183, § 512, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–113. Receipt required for income and prizes in gaming
A. Receipts required. All income from games shall be receipted by the
licensee at the time the income is received from each individual player, and all
prizes shall be receipted for by the winner of each prize at the time the prize is
distributed to each individual winner.
B. Income receipt forms. Income receipt forms shall be supplied by the
licensee. They may be numbered tickets or numbered disposable cards or they
may be based upon a cash register or accounting system if any identification
number is on the receipt given to the customer, which is one of a series of such
numbers and a corresponding number is recorded together with a record of the
transaction being kept inside the cash register or accounting system.
C. Cash register receipt requirements.
1. In the event a cash register or accounting system is used, the following
information shall appear upon the receipt given a customer and upon the
record being kept inside the machine: the name of the licensee operating the
activity; the date the transaction took place, the receipt number; the amount of
money paid, or a description of other consideration paid for the opportunity to
play. The information of these transactions shall be retained with the records of
the licensee for a period not less than two (2) years.
2. Each person paying for the opportunity to participate in a game who
does not receive a cash register or accounting system receipt shall be given a
ticket or tickets, which shall be numbered. Each ticket issued shall represent a
specific amount of money that has been paid to the licensee. The amount of
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RULES OF OPERATION
money represented by each ticket issued shall be clearly made known to all
players prior to anyone paying to participate in the activity.
D. Disposable card requirements. No disposable card in any game played
shall be a duplicate of any other card in that game. Each disposable card
should represent a specific amount of money which has been paid to the
licensee, which amount has been clearly disclosed to all players in advance of
any player participating in the activity. Each disposable card shall be sold for
the same price, as each other disposable card of the same class being used
during any particular bingo game.
E. Recordation of cards played. All licensees shall record in their daily
records the set number of each set or portion of a set, which has been used
during each bingo game on each occasion prior to the beginning of each bingo
game together with all serial numbers of the cards.
F. Receipts for prizes. Receipts for prizes shall contain the following information: The name of the licensee operating the activity; the date the transaction
took place; the receipt number and the game number, the true name of the
winner of the prize; a description of the prize won and any value of that prize,
which has been represented to the player by the licensee.
G. Identification of prize winners. It shall be the responsibility of the
licensee to see that the prize winners of twelve hundred dollars ($1,200.00) or
more are properly and accurately identified upon the receipt for the prize, and
the licensee shall require such proof of identification as is necessary to properly
establish the winner’s identity. The licensee shall not pay out any prize of
twelve hundred dollars ($1,200.00) or more unless and until the winner has
fully and accurately furnished to the licensee all information required by this
rule to be upon the receipt for the prize. Prize receipts shall be retained by the
licensee as part of its records for a period of not less than five (5) years.
[NCA 92–162, § 420, approved Dec. 23, 1992; amended by NCA 01–183, § 513, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 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 Commissioner. At any time during
which a licensed gaming or related administrative activity is being conducted
on a premises, the Commissioner or any authorized representative of the
Commissioner may enter upon the premises without advance notice and:
1. Make an account of all monies on the premises and all monies received
during the operation of the licensed activity located on the premises, inspect all
receipts for prizes which have been awarded by the licensee;
2. Inspect any other records, accounts or other related information of the
licensee, or of any member who directly participates in the management,
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Title 21, § 5–114
GAMING
operation, or promotion of a licensed activity; or of any employee of the
licensee; or of any operator of the licensed activity;
3. 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 Commissioner finds cause to believe that there is a reasonable
probability that the provisions of this Title or any regulations of the Commissioner have been or are being violated by the licensee or its employees or
operators, the Commissioner may remove, for further inspection or investigation, any 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 Commissioner shall issue a receipt
to the licensee listing each record, equipment or parts thereof, device, or
thing(s) which has been removed from the premises. Each item removed shall
be returned to the premises or the address of the licensee within ten (10) days,
except Saturdays, Sundays, and days when Tribal offices are legally closed in as
good condition as it was when it was removed. The Commissioner 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 Commissioner, or for possible forfeiture. The Commissioner shall notify the licensee of the reasons the property is to be held past
the ten (10) days.
[NCA 92–162, § 422, approved Dec. 23, 1992; amended by NCA 01–183, § 514, eff. Feb.
1, 2002.]
Library References
Indians O339, 411.
Searches and Seizures O79.
Westlaw Topic Nos. 209, 349.
C.J.S. Indians §§ 151 to 179, 193.
C.J.S. Searches and Seizures §§ 128 to 130,
132 to 134.
§ 5–115. Alcoholic beverages
No beverage containing alcohol, including but not limited to beer or liquor,
shall be offered or awarded as a prize or in lieu of a prize for winning at any of
the activities authorized by this Title. Alcoholic beverages or beer may be sold
or consumed on gaming facility premises provided that the location has been
authorized to sell alcoholic beverages by the National Council by way of duly
adopted Tribal Resolution and said location has been duly licensed by the Tax
Commission in accordance with MCNCA Title 36, § 4–101 et seq.
[NCA 92–162, § 423, approved Dec. 23, 1992; amended by NCA 01–183, § 515, eff. Feb.
1, 2002; NCA 06–134, § 1, eff. Aug. 22, 2006.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–116. Firearms
A. Security guards. No security guard shall be allowed to carry on gaming
premises pistols, revolvers, rifles, shotguns, ‘‘B.B.’’ guns, CO2 guns, or any
468
Title 21, § 5–117
RULES OF OPERATION
other firearms or air gun capable of discharging dangerous projectiles or gases
without prior written Commissioner approval. The Commissioner is authorized
to issue written approval of the use of types of firearms specified by the
Commissioner by only those security guards who have received the same
minimum law enforcement training requirements that must be met by Lighthorse officers, including annual training requirements, background checks,
drug tests and a medical examination, or those security guards who possess a
current valid armed security guard license from the Muscogee (Creek) Nation
or the State of Oklahoma Council on Law Enforcement Education and Training
(CLEET) or who are off-duty law enforcement officers of the Muscogee (Creek)
Nation, or off-duty officers of a city, county or state. The Chief of Gaming
Security shall develop a use of force policy for armed security guards that shall
be implemented by the licensees of gaming facilities prior to Commissioner
approval to carry a firearm.
B. Law enforcement officers. Nothing herein shall be construed to prohibit
the possession of firearms on the gaming premises by any on-duty law enforcement officer of the Muscogee (Creek) Nation, any on-duty law enforcement
officer of Law Enforcement Services of the Bureau of Indian Affairs, or any onduty law enforcement officer of a city, county or the State of Oklahoma.
C. Possession of firearms on gaming premises; criminal offense. Except as
authorized in this section, no other person shall be allowed to carry on gaming
premises pistols, revolvers, rifles, shotguns, ‘‘B.B.’’ guns, CO2 guns, or any
other firearms or air gun capable of discharging dangerous projectiles or gases.
Violation of this prohibition constitutes an offense punishable by incarceration
for up to one (1) year in jail and up to five thousand dollars ($5,000) in fines or
both.
[NCA 92–162, § 424, approved Dec. 23, 1992; amended by NCA 01–183, § 516, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–117. Credit
No licensee or any of its members or employees, or any operator conducting
or in any way participating in conducting any activities authorized by this title
or by the Commissioner’s regulations, shall allow a person to play that activity
on credit or shall grant a loan of any kind at any time to a person playing the
activity.
[NCA 92–162, § 425, approved Dec. 23, 1992; amended by NCA 01–183, § 517, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
469
Title 21, § 5–118
GAMING
§ 5–118. Fraud by licensee
No licensee shall, directly or indirectly, in the course of such operation
employ any device, scheme, or artifice to defraud; make any untrue statement
of a fact, or omit to state a fact necessary in order to make a statement not
misleading in consideration of the circumstances under which such statement
was made; engage in any act, practice, or course of operation as would operate
as a fraud of deceit upon any person.
[NCA 92–162, § 426, approved Dec. 23, 1992; amended by NCA 01–183, § 518, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–119. Licensee shall keep a current copy of the Code and regulations
Each licensee shall obtain, maintain, and keep current a copy of the Public
Gaming Code and all regulations of the Commissioner, which shall be located
upon the premises used for the conduct of a licensed activity by a licensee
during all times the activity is conducted. The regulations shall be produced by
the licensee and shown to any person upon demand. The fact that the licensee
may not have a current copy of each of the regulations of the Commissioner
shall not in any way diminish the licensee’s obligation to abide by these
regulations.
[NCA 92–162, § 427, approved Dec. 23, 1992; amended byNCA 01–183, § 519, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–120. No geographic restrictions on contracts
No manufacturer or distributor shall make or have an agreement or understanding with any licensee that either of them shall be restricted in the
operation and carrying on of business to a specific geographic area or areas,
and such a restriction shall not be a condition of any sales between manufacturer, distributor and any other licensee. Provided, that this shall not prevent a
distributor or manufacturer from assigning sales territories among its bona fide
representatives.
[NCA 92–162, § 429, approved Dec. 23, 1992; amended by NCA 01–183, § 520, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
470
Title 21, § 5–124
RULES OF OPERATION
§ 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 can be made, and home
address of such designated resident agent shall be filed with the Commissioner.
All licensee agents must be listed with the Commissioner.
[NCA 92–162, § 430, approved Dec. 23, 1992; amended by NCA 01–183, § 521, eff. Feb.
1, 2002.]
Library References
Indians O339, 510.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179, 193.
§ 5–122. Progressive payout
All licensees conducting games with a progressive payout feature will provide
the Office of Public Gaming, for approval, the system for accumulation and
account restrictions of funds so designated. The procedure and any amendments thereto must receive prior written approval of the Commissioner.
[NCA 92–162, § 432, approved Dec. 23, 1992; amended by NCA 01–183, § 522, eff. Feb.
1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–123. Employee list
All gaming facility employees must be listed with the Commissioner. Such
lists are to be kept current.
[NCA 92–162, § 433, approved Dec. 23, 1992; amended by NCA 01–183, § 523, eff. Feb.
1, 2002.]
Library References
Indians O339.5.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 5–124. Dispute resolution procedures
Disputes between the gaming patrons and the Muscogee (Creek) Nation (or
management contractor) should first be addressed by the licensee. In the event
a satisfactory conclusion is not reached the Commissioner shall:
A. Respond to signed complaints. If additional information of the circumstances is needed, a request is to be made by the Commissioner in writing.
Additional statements of individuals, who may be able to substantiate the claim
or provide additional relevant data, shall be encouraged.
471
Title 21, § 5–124
GAMING
B. Request and review the written statements of the licensee and any
employees or other persons, who may be able to provide relevant data of the
circumstances that led to the dispute.
C. Request and review any records, documents, video or audio tapes,
equipment, or any other information deemed to be relevant by the Commissioner as related to the dispute.
D. Make a decision of the correctness of the disputed action using facility
policy and procedure, Muscogee (Creek) Nation law, office of Public Gaming
Regulations and federal law as a guide.
E. Notify the licensee and the patron reporting the complaint of the Commissioner’s decision in writing. All decisions of the Commissioner are final.
[NCA 92–162, § 434, as amended by NCA 94–45, § 107, approved Aug. 8, 1994;
amended by NCA 01–183, § 524, eff. Feb. 1, 2002.]
Library References
Indians O339, 411, 423.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179, 193.
§ 5–125. Receiving items of value
A. The Gaming Commissioner or Office of Public Gaming employee(s) shall
not accept or receive anything of value, including without limitation airfare,
travel accommodations, prizes, personal items, and apparel of any kind, from
the Gaming Operations Authority Board, any member of the Gaming Operations Authority Board, anyone licensed and contracted with any Tribally operated gaming Casinos, or Chartered Indian Community Casinos, potential vendors
who have made application for a gaming license, or 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 Charted Indian Community
shall be expected to strictly adhere to the provisions set forth 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 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.
B. However, the following activities shall be permitted and allowed. O.P.G.
(Office of Public Gaming) licensed vendors may provide round trip transportation, lodging, meals, and entertainment to authorized individuals only as stated
in this amendment. Members of the Gaming Operations Authority Board or its
successor and General Managers or their designee of Tribally operated and
Chartered Indian Community Casinos are eligible to participate. This activity
is for the express purpose of viewing potential gaming equipment that may be
placed in their establishment(s). The site where the equipment demonstration
will be presented will constitute where vendor-sponsored round-trip travel is
authorized. Vendors shall also be allowed to make monetary and prize
472
Title 21, § 5–125
RULES OF OPERATION
donations to various employee functions (Summer Party, Christmas Party, etc.)
that are held throughout the year. The General Managers of each Casino
facility shall have the sole authority to make the necessary contacts on behalf of
their establishments. Oversight responsibility shall be provided by the Office of
Public Gaming and the Gaming Operations Authority Board or its successor.
The General Managers shall also report to the Office of Public Gaming and the
Gaming Operations Authority Board or its successor the monetary value of the
prize(s) or monetary donation within sixty (60) days of receipt and what vendor
was responsible for the donation. The Office of Public Gaming shall maintain a
log in regard to all G.O.A.B. Board members or its successor/General Managers’ travel, monetary donations, and prizes that are provided to casinos. The
vendor(s) who are responsible for the contributions shall also be noted in the
log. Violation of any of the activities that are permitted and allowed in this
subsection may be a criminal offense punishable in accordance with the
Criminal Offenses Code. The hosting facility for the Gaming Operations
Authority Board meeting shall be allowed to serve meals at these meetings.
[Added by NCA 03–155, § 7, approved Nov. 3, 2003, eff. Dec. 11, 2003; amended by
NCA 04–080, § 2, eff. July 29, 2004; NCA 06–023, eff. June 15, 2006, approved March 3,
2006.]
Library References
Indians O339, 341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
473
CHAPTER 6.
SECURITY
Section
6–101. Findings.
6–102. Definitions.
6–103. Department of Gaming Security.
6–104. Chief of Gaming Security; qualifications, job specifications and compensation.
6–105. Chief of Gaming Security; duties.
6–106. Limitations and restrictions.
6–107. Expenditures and funding.
6–108. Lighthorse assistance in licensing standards.
6–109. Powers of Commissioner.
6–110. Travel Plaza security.
Historical and Statutory Notes
NCA 01–183, § 605, subsec. B, amending
NCA 01–121, § 112, provides:
‘‘The Gaming Operations Authority Board
shall fill the position of Chief of Gaming Security no later than September 30, 2001.’’
NCA 01–183, § 608, amending NCA 01–121,
§ 115, provides:
‘‘Transfer of Security Personnel.
‘‘As soon as practical after there has been
employed a Chief of Gaming Security by the
Gaming Operation Authority Board, any personnel employed as gaming security guards within
the Lighthorse Administration shall be transferred to the Muscogee (Creek) Nation Gaming
Operations Authority Security Department. All
employees so transferred shall continue to be
Muscogee (Creek) Nation employees so far as
pay and accrued benefits are concerned and no
such employee shall lose any benefits by reason
of such transfer. The Gaming Operation Authority Board shall report to the National Council
their recommendations as to the future status of
security guards as employees of the Nation or of
the Gaming Operation Authority Board with the
benefits thereof.’’
NCA 01–183, § 609, subsecs. A and D,
amending NCA 01–121, §§ 116 and 119, provide:
‘‘A. Effective upon the hiring of a Chief of
Gaming Security by the Gaming Operations Authority Board the unexpended funds appropriated under the Muscogee (Creek) Nation’s
FY2001 comprehensive budget shall be transferred to Gaming Security Department of the
Muscogee (Creek) Nation Gaming Operations
Authority Board to be administered by the Office of the Controller of the Muscogee (Creek)
Nation. The Controller is authorized to make
the necessary changes to reflect the transfer and
to report said changes to the National Council,
Lighthorse Administration, and the Gaming Operation Authority Board.’’
‘‘D. The Gaming Operations Authority
Board and the Chief of Gaming Security shall
receive technical assistance from the Muscogee
(Creek) Nation Office of Controller in all fiscal
matters required to carry out the transfer of
security out of Lighthorse Administration.’’
§ 6–101. Findings
The National Council finds that:
A. Pursuant to this Title the Office of Public Gaming is empowered to issue
licenses to all qualified personnel employed by the Nation’s licensee gaming
facilities; and is qualified to regulate the security functions at gaming facilities.
The Office of Public Gaming being a regulatory agency, must not be charged
with management or supervision of security personnel.
B. Providing for security services is a function of the management of an
enterprise and the true costs of providing security to the Nation’s gaming
enterprises must be reflected in the financial statements of such enterprises.
C. In light of the foregoing, the National Council finds it necessary to assign
the gaming security function to the Gaming Operations Authority Board. The
reassignment must be the least disruptive to the gaming operations and to the
security personnel previously employed by the Lighthorse Administration.
[NCA 01–121, § 1–101, approved July 10, 2001; amended by NCA 01–183, § 601, eff.
Feb. 1, 2002.]
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Title 21, § 6–104
SECURITY
§ 6–102. Definitions
A. ‘‘Armed security guard’’ means a security guard authorized to carry a
firearm.
B. ‘‘Investigator’’ means a person who is employed within the Department
of Gaming Security or other gaming licensee facility for the purpose of
observing gaming operations for irregular activities such as cheating or theft by
either employees or patrons and conducting investigations into the operation of
the business and reporting the results to his employer.
C. ‘‘Security guard’’ means an individual employed at a place of business to
protect persons and property; to prevent trespass, theft, misappropriation, and
wrongful concealment of merchandise, goods, money or other tangible items;
and to prevent violence and infraction of rules.
D. ‘‘Security personnel’’ means all persons performing investigative or
security guard functions within the Department of Gaming Security or for a
gaming licensee facility.
[NCA 01–121, § 1–103, approved July 10, 2001; amended by NCA 01–183, § 602, eff.
Feb. 1, 2002.]
§ 6–103. Department of Gaming Security
A Department of Gaming Security is hereby created within the Muscogee
(Creek) Nation Gaming Operations Authority. The Department of Gaming
Security shall provide all security services to each gaming establishment or hall
under the management of the Gaming Operations Authority Board. The Chief of
Gaming Security shall manage and supervise the Department of Gaming
Security and shall report directly to the Gaming Operations Authority Board.
[NCA 01–121, § 110, approved July 10, 2001; amended by NCA 01–183, § 604, eff. Feb.
1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 6–104. Chief of Gaming Security; qualifications, job specifications and
compensation
The Gaming Operations Authority Board shall develop and approve the
minimum qualifications and job specifications for the position of Chief of
Gaming Security and determine the appropriate compensation and salary
range for such position. The Board shall receive assistance in carrying out this
duty from the Office of the Principal Chief and his personnel director.
[NCA 01–121, § 111, approved July 10, 2001; amended by NCA 01–183, § 605 subsec.
A, eff. Feb. 1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
475
Title 21, § 6–105
GAMING
§ 6–105. Chief of Gaming Security; duties
The Chief of Gaming Security shall have the following duties, powers and
authority:
A. To organize the security department and establish necessary and appropriate levels of supervisory authority and ranks within the department, subject
to the approval of the Gaming Operations Authority Board;
B. To hire and fire security guards in accordance with the personnel
policies and procedures of the Muscogee (Creek) Nation, subject to final review
only by the Gaming Operations Authority Board;
C. To prescribe the uniforms to be worn by the security guards, subject to
the approval of the Gaming Operations Authority Board;
D. To design and adopt a distinctive badge and insignia to be worn by
security personnel, subject to the approval of the Gaming Operations Authority
Board;
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 by the Commissioner. Posting orders shall specify whether a post
requires an armed security guard, and, if so, written justification for having an
armed security guard shall be provided to the Commissioner.
F. To provide sufficient security personnel as required by each Gaming
establishment or hall, and provide an investigator when conditions warrant.
G. To adopt existing job descriptions and qualifications for security personnel and to revise the same from time to time, subject to the approval of the
Gaming Operation Authority Board (GOAB).
H. To adopt the existing pay grade and salary structure for security personnel and to revise the same from time to time, subject to the approval of the
Gaming Operations Authority Board.
I. To promulgate, subject to the approval of the Gaming Operations Authority Board and review by the Office of Public Gaming, policies, procedures and
protocol for security personnel in public relations, contacts with patrons, and
intervention or detention of any patron or employee.
J. To ensure that all security personnel have completed or will complete the
minimum training requirements for licensing approved by the Office of Public
Gaming.
[NCA 01–121, § 113, approved July 10, 2001; amended by NCA 01–183, § 606, eff. Feb.
1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 6–106. Limitations and restrictions
The following are limitations or restrictions on the powers and duties of the
Chief of Gaming Security and activities within the Department of Gaming
Security:
476
Title 21, § 6–107
SECURITY
A. The uniforms adopted shall be distinctively recognizable as security and
not as Lighthorse or other police department.
B. The badges and uniforms shall have the words ‘‘Security,’’ ‘‘Security
Officer’’ or ‘‘Security Guard’’ in connection with the words ‘‘Muscogee (Creek)
Nation Gaming Authority’’ in bold letters.
C. All vehicles used by security guards, or armed security guards in the
performance of their duties shall bear the words Security or Guard, if marked,
or both. No vehicle shall be equipped with a siren, a lamp with a siren, a lamp
with a red or blue lens facing the front of the vehicle, nor an overhead light or
lights with red or blue lenses.
D. No person shall be employed as a security guard, armed security guard
or investigator who is not licensed or conditionally licensed as such by the
Commissioner.
[NCA 01–121, § 114, approved July 10, 2001; amended by NCA 01–183, § 607, eff. Feb.
1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 6–107. Expenditures and funding
A. The Chief of Gaming Security shall have authority to approve all expenditures authorized by appropriation acts for security and to recommend to the
Gaming Operations Authority Board (GOAB) for their approval changes to the
Security Department line items within the allowed limits in accordance with
applicable appropriation acts. The Gaming Operations Authority Board shall
have final authority for such changes.
B. Any shortfall in the fiscal year 2001 budget for gaming security shall be
made up by an increased hourly billing rate to the gaming facilities. In fiscal
year 2002 and thereafter, the Department of Gaming Security shall be funded
entirely by the revenues of the gaming establishments served. Each gaming
facility shall bear the costs for all direct and indirect costs for security services
provided to it by the Department of Gaming. The Security Chief of Triballyoperated gaming facilities shall submit a line itemized budget for each Casino
under his/her supervision to the Gaming Operations Authority Board
(G.O.A.B.). The budget shall be comprehensive in nature and the Security
Chief shall make his/her presence available for questioning regarding said
budget. The Gaming Security budget will be presented to the G.O.A.B. board
members for their perusal by the Security Chief thirty (30) days prior to their
presentation of the G.O.A.B. budget for the coming fiscal year. The G.O.A.B
will evaluate the Gaming Security budget and reserve the right to amend it.
The Security Chief shall strictly adhere to the final version of the Gaming
Security budget, with no unauthorized expenditures allowed after final approval is adopted by the G.O.A.B. Any deviations, unapproved spending, or budget
changes that are inconsistent with the G.O.A.B.’s approved version after the
Gaming Security budget is final, will require that the Security Chief be held
personally accountable. It will be mandatory that he/she appear before the
477
Title 21, § 6–107
GAMING
G.O.A.B. to explain his/her actions and be subject to possible disciplinary
action. Any budget modifications or requests for additional funding by the
Security Chief that are outside the approved Gaming Security budget must
show cause and be justifiable in nature to receive the blessing and approval by
the G.O.A.B.
[NCA 01–121, §§ 117,118, approved July 10, 2001; amended by NCA 01–183, § 609, eff.
Feb. 1, 2002; NCA 04–080, § 3, eff. July 29, 2004.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 6–108. Lighthorse assistance in licensing standards
Lighthorse Administration may serve in an advisory capacity to the Commissioner in preparing minimum standards for licensing security guards and
provide assistance to the Chief of Gaming Security 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.
[NCA 01–121, § 120 subsec. B, approved July 10, 2001; amended by NCA 01–183,
§ 610, eff. Feb. 1, 2002.]
Library References
Indians O341.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 6–109. Powers of Commissioner
Licensees shall provide for their facility security, provided, that contracts are
reviewed and security plans, or amendments thereto are approved by the
Commissioner prior to implementation. In addition to the foregoing, the
Commissioner shall have the following powers and duties regarding security
guards and investigators employed to work in any licensee facility:
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 section.
B. To issue a regular license and identification card to each person authorized by him 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 convictions, criminal convictions involving
moral turpitude, or any other disqualifying convictions as specified herein or
prescribed by the Commissioner, pending completion of the criminal history
and background check and verification of training and experience necessary for
the issuance of a regular license. A temporary license holder shall not carry a
478
SECURITY
Title 21, § 6–109
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:
1. A conditional license shall authorize such employee to perform the same
functions that regular licensees perform, but subject to supervision of the
holder of a regular license as the Commissioner may prescribe.
2. The holder of a conditional license shall complete the necessary training
requirements within one hundred eighty (180) days from the effective date of
the conditional license, after which the conditional license shall expire.
3. The holder of a conditional license as an armed security guard shall not
carry a firearm in the performance of his duties until he has completed a
course in firearms training, as prescribed by the Commissioner, and has been
issued a regular license.
4. A conditional license may be renewed at the discretion of the Commissioner, if necessary to complete any training required for a regular license.
5. When the Commissioner finds that a conditional license holder has
completed the required training and is otherwise qualified for a license pursuant to the provisions of this section, the Commissioner shall issue such person a
regular license.
E. To deny, suspend or revoke any license and identification card issued
pursuant to this act based on, but not limited to, the following reasons:
1. Any erroneous or false statement in an application for license submitted
pursuant to this Title;
2. 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;
3. 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;
4.
Knowingly impersonating a law enforcement officer;
5. Failure to successfully complete any prescribed course of training as
required by the Commissioner;
6. Willfully making any false report to his employer or to anyone as
required by this Title; or
7. 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.
F. The Commissioner shall require that the Muscogee (Creek) 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
479
Title 21, § 6–109
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.
[NCA 92–162, § 405, approved Dec. 23, 1992; amended by NCA 01–121, § 200,
approved July 10, 2001; NCA 01–183, § 611, eff. Feb. 1, 2002.]
Cross References
Juvenile adjudication not to impose civil disability, see Title 6, § 1–404.
Library References
Indians O412, 413.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 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 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, amendments thereto and security plans are
reviewed and approved by the Commissioner.
[NCA 92–162, § 405, approved Dec. 23, 1992; amended by NCA 98–61, § 103 subsec. A,
approved June 29, 1998; NCA 01–183, § 612, eff. Feb. 1, 2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
CHAPTER 7.
LOTTERIES [RESERVED]
480
CHAPTER 8. OFF-TRACK AND
PARI-MUTUEL BETTING
Section
8–101. Definitions.
8–102. Licenses required.
8–103. Wagering.
8–104. Admission charges.
8–105. Off-track and pari-mutuel wagering agreements.
8–106. Regulations governing off-track pari-mutuel wagering.
8–107. Sharing of revenue.
8–108. Place for conducting and public viewing of wagering.
8–109. Limitation on wager by agent; off-track wagering by agent prohibited.
§ 8–101. Definitions
As used in this chapter, unless the context otherwise requires:
A. ‘‘Off-track pari-mutuel system’’ means a computerized system, or component of such a system, that is used with regard to an interstate parimutuel pool
to transmit information such as amounts wagered, odds and payoffs on races.
B. ‘‘Off-track pari-mutuel wagering ’’means any pari-mutuel system of wagering approved by the Muscogee (Creek) Nation for the acceptance of wagers
on races or other sporting events which take place outside of this Nation.
C. ‘‘Operator of a system’’ means a person engaged in providing an off-track
pari-mutuel system.
D. ‘‘Pari-mutuel system of wagering’’ means any system whereby wagers
with respect to the outcome of a race or other sporting event are placed in a
wagering pool conducted by a person licensed or otherwise permitted to do so
under Muscogee (Creek) Nation law, and in which the participants are wagering with each other and not against that person. The term includes off-track
pari-mutuel wagering.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 801, eff. Feb. 1,
2002.]
§ 8–102. Licenses required
A.
A Class ‘‘P’’ license is required for any person who:
1. operates, conducts or maintains in this Nation, any form of wagering
under the pari-mutuel system on any racing or sporting event; or
2.
is an operator of a system.
B. Where any other Tribal license is required to conduct a racing or
sporting event, that license must first be procured before the pari-mutuel
system of wagering may be licensed in connection therewith.
C. Political jurisdictions may not enact a license-fee on horse racing and
may not levy a tax on admission to races. This law vests exclusive control of the
conduct of horse racing in the Commissioner and prohibits any political
jurisdiction from enacting any license-fee on the conduct of such race meetings
481
Title 21, § 8–102
GAMING
or on pari-mutuel wagering in connection therewith; and levy of tax on
admission of patrons of a track is prohibited.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 802, eff. Feb. 1,
2002.]
Library References
Indians O337(1), 339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 8–103. Wagering
Wagering must be conducted only by the licensee at the times determined by
the Commissioner and only:
A. Within the enclosure wherein the race or other sporting event which is
the subject of the wagering occurs; or
B. Within a licensed gaming establishment which has been approved to
conduct off-track pari-mutuel wagering.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 803, eff. Feb. 1,
2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 8–104. Admission charges
The Commissioner may set by regulation the admission charges to patrons
for off-track or pari-mutuel betting.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 804, eff. Feb. 1,
2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 8–105. Off-track and pari-mutuel wagering agreements
The Gaming Operations Authority Board may negotiate, subject to the approval of the Muscogee National Council, an agreement relating to off-track
pari-mutuel wagering with:
A. A person who is licensed or otherwise permitted to operate a wagering
pool in another state; and
B.
A person who is licensed as an operator of a system.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 805, eff. Feb. 1,
2002.]
Library References
Indians O339, 341, 413.
Westlaw Topic No. 209.
482
Title 21, § 8–108
PARI-MUTUEL BETTING
C.J.S. Indians §§ 151 to 179, 193.
§ 8–106. Regulations governing off-track pari-mutuel wagering
The Commissioner, after consultation with the Gaming Operations Authority
Board, may adopt regulations for:
A. The conduct by a licensee of off-track pari-mutuel wagering on a race or
sporting event; and
B. The approval of the terms and conditions of any agreement between a
licensee and an agency of the state in which the race or event takes place or a
person licensed or approved by that state or Tribe to participate in the conduct
of the race or event or the pari-mutuel system of wagering thereon.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 806, eff. Feb. 1,
2002.]
Library References
Indians O339, 412.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179, 193.
§ 8–107. Sharing of revenue
No person or governmental agency from outside this Nation may receive any
commission or otherwise share in the revenue from the conduct of off-track
pari-mutuel wagering in this Nation without the approval of the Commissioner.
The Commissioner may approve any such person or governmental agency after
such investigation as the Commissioner deems proper.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 807, eff. Feb. 1,
2002.]
Library References
Indians O340.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
§ 8–108. Place for conducting and public viewing of wagering
A licensee conducting any form of pari-mutuel wagering provided for in this
chapter shall provide a place or places in the meeting grounds or enclosure or
the licensed gaming establishment which has been approved to conduct offtrack pari-mutuel wagering:
A.
At which the licensee may conduct, operate and supervise the wagering.
B. Where the progress of the betting and the odds paid may be open to
public view.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 808, eff. Feb. 1,
2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
483
Title 21, § 8–109
GAMING
§ 8–109. Limitation on wager by agent; off-track wagering by agent prohibited
A pari-mutuel wager placed at the enclosure where the wagered race or event
is conducted may be made by an agent if the principal is present on the
premises. All off-track pari-mutuel wagering must be done by a principal.
[NCA 92–216, approved Dec. 23, 1992; amended by NCA 01–183, § 809, eff. Feb. 1,
2002.]
Library References
Indians O339.
Westlaw Topic No. 209.
C.J.S. Indians § 193.
CHAPTER 9.
RESERVED
CHAPTER 10.
RESERVED
484
CHAPTER 11.
Section
11–101.
11–102.
11–103.
11–104.
11–105.
11–106.
11–107.
11–108.
11–109.
11–110.
11–111.
11–112.
11–113.
11–114.
ENFORCEMENT PROVISIONS
Policy.
Participating in unlicensed gambling.
Possession of unlicensed gambling device.
Gambling premises.
Operating without a license.
Property subject to forfeiture.
Forfeiture proceedings.
Sanctions and Banishment.
Administrative enforcement proceedings.
Judicial review of Commissioner’s decision.
Judicial action by Commissioner.
Service of notices and other documents.
Finality of Commissioner or court action.
Identity of informant.
United States Code Annotated
Gambling in Indian country, see 18 U.S.C.A. § 1166.
Theft by officers or employees of gaming establishments on Indian lands, see 18 U.S.C.A. § 1168.
Theft from gaming establishments on Indian lands, see 18 U.S.C.A. § 1167.
Code of Federal Regulations
Compliance and enforcement provisions, see 25 CFR 571.1 et seq.
§ 11–101. Policy
It is hereby declared to be the policy of the Muscogee (Creek) Nation,
recognizing the close relationship between professional gambling and other
organized crime, to restrain all persons from seeking profit from unlicensed
gambling activities in this Nation; to restrain all person from patronizing such
activities when conducted for the profit of any person; to safeguard the public
against the evils induced by common gamblers and common gambling houses;
and at the same time to preserve the freedom of the press; and to avoid
restricting participation by individuals in sport and social pastimes which are
not for profit, do not affect the public and do not breach the peace. All the
provisions of this Title shall be liberally construed to achieve these ends, and
administered and enforced with a view to carrying out the above declaration of
policy.
[NCA 92–162, § 901, approved Dec. 23, 1992; amended by NCA 01–183, § 1101, eff.
Feb. 1, 2002.]
§ 11–102. Participating in unlicensed gambling
A. It shall be a crime to:
1. engage in, solicit, or induce another to engage in unlicensed gambling; or
2. engage in or knowingly cause, aid, abet, or conspire with another to
engage in unlicensed professional gambling.
B. It shall be an affirmative defense for a natural person to participate in
any game, wager or transaction which is incidental to a bona fide social
relationship, is participated in by natural persons only, and in which no person
485
Title 21, § 11–102
GAMING
is participating, directly or indirectly, in unlicensed professional gambling. This
crime shall be punishable by incarceration for up to one (1) year in jail and up
to five thousand dollars ($5,000) in fines or both.
[NCA 01–183, § 1102, eff. Feb. 1, 2002.]
Historical and Statutory Notes
Derivation
NCA 92–162, § 903.
Library References
Indians O343, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 188, 193.
§ 11–103. Possession of unlicensed gambling device
It shall be a crime to knowingly own, manufacture, possess, buy, sell, rent,
lease, store, repair or transport any unlicensed gambling device, or offer or
solicit any interest therein; whether through an agent, employee or otherwise.
If a person is also in possession of an unlicensed gambling record, such person
shall be presumed to be in knowing possession of the gambling device. This
crime shall be punishable by incarceration for up to one (1) year in jail and up
to five thousand dollars ($5,000) in fines or both.
[NCA 01–183, § 1103, eff. Feb. 1, 2002.]
Historical and Statutory Notes
Derivation
NCA 92–162, § 904.
Library References
Indians O343, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 188, 193.
§ 11–104. Gambling premises
A. It shall be a crime to own, lease, employ, operate, occupy, or otherwise
knowingly maintain, aid, or permit an unlicensed gambling premise. This crime
shall be punishable by incarceration for up to one (1) year in jail and up to five
thousand dollars ($5,000) in fines or both.
B. All unlicensed gambling premises are common nuisances and shall be
subject to abatement by injunction or as otherwise provided by law. In any
action brought under this subsection the plaintiff need not show damages and
may, in the discretion of the court, be relieved of all requirements as to giving
security.
C. When any property or premise is determined to be an unlicensed gambling premise, an owner, who does not have knowledge of the illegal use, shall
have the right to terminate all interest of anyone holding the same under him.
D. When any property or premise for which one or more licenses, permits,
or certificates issued by the Commissioner are in effect is determined by the
District Court of the Muscogee (Creek) Nation to be a gambling premise all
486
Title 21, § 11–106
ENFORCEMENT PROVISIONS
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 Commissioner, the Muscogee (Creek) Nation Tax Commissioner,
and any other taxing or licensing official of this Nation.
[NCA 01–183, § 1104, eff. Feb. 1, 2002.]
Historical and Statutory Notes
Derivation
NCA 92–162, § 906.
Library References
Indians O343.
Westlaw Topic No. 209.
C.J.S. Indians §§ 179 to 188, 193.
§ 11–105. Operating without a license
It shall be a crime to engage in gaming activities without the appropriate
license, in violation of the terms imposed on the license, or in violation of this
Title or Commissioner regulations. Each day of violation shall constitute a
separate count or violation of this Title. This crime shall be punishable by
incarceration for up to one (1) year in jail and up to five thousand dollars
($5,000) in fines or both.
[NCA 01–183, § 1105, eff. Feb. 1, 2002.]
Historical and Statutory Notes
Derivation
NCA 92–162, § 106.
Library References
Indians O343, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 188, 193.
§ 11–106. Property subject to forfeiture
The following property is subject to forfeiture by the Muscogee (Creek)
Nation:
A.
All unlicensed gambling devices;
B. All property, including money and other things of value, used in connection with professional gambling or maintaining a gambling premise;
C. All real property, including any right, title, and interest in the whole of
any lot or tract of land and any appurtenance of improvement thereto, which is
used, or intended to be used, in any manner or part in connection with
unlicensed professional gambling; and
D.
Winnings received in violation of this Title.
[NCA 01–183, § 1106, eff. Feb. 1, 2002.]
487
Title 21, § 11–106
GAMING
Historical and Statutory Notes
Derivation
NCA 92–162, § 904.
Library References
Forfeitures O3.
Westlaw Topic No. 180.
C.J.S. Forfeitures §§ 22 to 29.
§ 11–107. Forfeiture proceedings
A. The Commissioner or a Muscogee (Creek) Nation Lighthorse Officer may
seize any item subject to forfeiture immediately upon detection.
B. Property taken or detained under this section shall not be repleviable,
but shall be deemed to be in the custody of the Office of the Attorney General of
the Muscogee (Creek) Nation, subject only to the orders and decrees of the
court. All seized property shall be held as evidence until the Attorney General
files a notice of seizure and intended forfeiture with the District Court of the
Muscogee (Creek) Nation or the property is released.
C. Notice shall be given to all owners of the seized property. Anyone
contesting the forfeiture of the property shall answer the notice with a verified
petition within forty-five (45) days after notice been received. If at the end of
forty-five (45) days there is no verified answer on file, the court shall hear
evidence upon the fact of the unlawful use and shall order the property
forfeited to the Muscogee (Creek) Nation, if such fact is proved. If a verified
answer is filed, the forfeiture proceedings shall be set for hearing.
D. At a hearing in a proceeding against real property seized in accordance
with this Code, the proof of the unlawful activity shall be satisfied by the
Muscogee (Creek) Nation by a preponderance of the evidence. The claimant of
any right, title, or interest in the property may prove his lien, mortgage or
conditional sales contract to be a bona fide or innocent ownership interest and
that his right, title, or interest was created without any knowledge or reason to
believe that the property was being, or was to be, used for the purpose charged.
In the event of such proof, the court shall order the property released to the
bona fide or innocent owner, lien holder, mortgage, or vendor if the amount
due him is equal to, or in excess of, the value of the property as of the date of
the seizure, it being the intention of this section to forfeit only the right, title, or
interest of the purchaser. If the amount due to such person is less than the
value of the property, or if no bona fide claim is established, the property shall
be forfeited to the Muscogee (Creek) Nation and sold under judgment of the
court, as on sale execution, in accordance with law.
E. All property forfeited shall be destroyed, sold at public auction, or
utilized by the Office of Public Gaming. Bona fide liens against property so
forfeited shall, on good cause shown by the lienor, be transferred from the
property to the proceeds of the sale of the property. Forfeited monies and other
proceeds realized from the enforcement of this subsection shall be paid into the
general fund of the Muscogee (Creek) Nation and deposited in the Treasury of
the Muscogee (Creek) Nation.
[NCA 01–183, § 1107, eff. Feb. 1, 2002.]
488
ENFORCEMENT PROVISIONS
Title 21, § 11–108
Historical and Statutory Notes
Derivation
NCA 92–162, § 904.
§ 11–108. Sanctions and Banishment
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 one thousand dollars ($1,000) per violation. Each day of violation shall
constitute a separate violation of this Title. Licensees who violate this 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. Any such action shall be taken at
the discretion of the commissioner.
A. 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 Manager or authorized security
personnel determines to be an immediate threat to the safety or economic
welfare of the Nation’s employees, patrons, or facilities, (ii) is observed to
violate any provision of this Code or Office of Public Gaming regulation at that
facility, (iii) is observed to violate Tribal, state, or federal law at 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 facility, 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 Commissioner prior to the expiration of the temporary banishment
order. The notice of temporary banishment shall be effective when delivered
personally or by 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
Commissioner within forty-eight (48) hours of issuance.
B.
Gaming Commissioner authority.
The Gaming Commissioner is authorized to issue a final banishment order
only after all conditions and requirements of subsection C of § 11–108 of this
Title have been met, in either of the following circumstances:
1. The Gaming Commissioner is authorized to issue a final banishment
order in appeal proceedings by the subject of a temporary banishment notice
issued by the General Manager or security personnel of a gaming facility
489
Title 21, § 11–108
GAMING
pursuant to subsection A of this section after affording a hearing to the
appealing party in accordance with subsection C of this section.
2. The Gaming Commissioner 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 Commissioner prior to the expiration of the temporary banishment order; provided that a temporary banishment order issued by
the Gaming Commissioner shall be effective immediately and shall be served
personally or sent by certified mail to the last known address of the subject of
the temporary banishment notice.
C. Final banishment order by the Gaming Commissioner.
The Gaming Commissioner may issue a final order banishing from the
Nation’s gaming facilities for a period not to exceed five (5) years to any person
who the Commissioner determines: (i) is a potential threat to the safety or
economic welfare of the Nation’s employees, patrons or facilities, (ii) has
violated any provision of this Code or Office of Public Gaming regulations, (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 Commissioner may issue a final banishment
order only after notice of hearing is served on the person stating that if the
person fails to appear and show cause why a final banishment order should not
be issued, then a final banishment order may be issued without right of judicial
review. The Gaming Commissioner’s final banishment order shall state specifically the reason for the banishment, the length of time of the banishment and
the person’s right, if any, to appeal the Gaming Commissioner’s banishment
order to the District Court in accordance with the procedural requirements of
§ 11–110 of this Code. The final banishment order shall be served personally
or sent by certified mail to the last known address of the subject of the
banishment order.
D. Enforcement of temporary banishment notice and final banishment
order.
Temporary banishment notices may be enforced as criminal trespasses pursuant to the Nation’s Criminal Code. Final banishment orders may be enforced
by the Gaming Commissioner in accordance with any applicable provisions of
this Code or as criminal trespasses pursuant to the Nation’s Criminal Code.
[NCA 01–183, § 1108, eff. Feb. 1, 2002; amended by NCA 03–177, § 1, approved Dec.
29, 2003, eff. May 03, 2004.]
Historical and Statutory Notes
Derivation
NCA 92–162, § 215.
§ 11–109. Administrative enforcement proceedings
A. Service of notice.
1. The Commissioner shall initiate enforcement proceedings for any violation of this Title or Office of Public Gaming regulations by serving on the
person or the designated service agent of said person a Notice of Violation.
490
ENFORCEMENT PROVISIONS
Title 21, § 11–109
2. When the Commissioner denies a person a gaming license he shall serve
that person with a Notice of Denial of Gaming License.
B.
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 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 ten
(10) days failing which, the Commissioner may take one or more of the actions
described in subsection C of this section as appropriate to the nature of the
violation. The notice shall also state that the period for taking any remedial
action may be extended for good cause at the sole discretion of the Commissioner for up to sixty (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 on the
Commissioner a written Notice of Protest and Request for Hearing to demonstrate why no violation has occurred and/or why the proposed remedial action
is incorrect or unauthorized in whole or in part.
2. 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 on the Commissioner a
written Notice of Protest and Request for Hearing to demonstrate why the
Commissioner’s decision is incorrect or unauthorized in whole or in part.
C. Types of enforcement actions. The Notice of Violation required in subsection B of this section shall include a description of the actions which may be
taken by the Commissioner and the respondent’s potential liability for civil fines
and criminal prosecution, as appropriate to the nature of the specific violation
involved, including without limitation the penalties specified in Title 21,
§ 11–108 and any other penalties specified in this Title or the Criminal Offenses
Code of the Muscogee (Creek) Nation.
D. Remedial action; Notice of Protest and Request for Hearing. Upon
receipt of the Notice of Violation, the respondent shall take all remedial action
described therein within the time allowed or, in lieu of taking such remedial
action, shall serve upon the Commissioner the written Notice of Protest and
Request for Hearing described in subsection B 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 D of this section, the Commissioner shall
serve such respondent or the respondent’s service agent with a Notice of
Hearing on Proposed Enforcement and/or Penalties. Said notice shall state the
time and place of the hearing, the amounts of any proposed fines or other
penalties, and/or describe any other enforcement action authorized hereunder,
including without limitation, revocation or suspension of any license and the
closure of the gaming facility. The notice shall also state that if the respondent
fails to appear and show cause why the proposed enforcement action should
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Title 21, § 11–109
GAMING
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. The
respondent shall be afforded the opportunity to explain and/or show cause to
the Commissioner why no violation has occurred and/or why the proposed
enforcement, fine or other penalty, or license denial is incorrect or unauthorized under this Title. The respondent may be represented by counsel and the
Commissioner may request attendance by the Office of the Attorney General in
an advisory capacity. The Commissioner may render his decision at the conclusion of the hearing or at any time thereafter. The Commissioner may, in his
discretion, postpone his decision in order to further investigate the violation
and/or formulate the appropriate enforcement action and/or fine or penalty.
G. Commissioner’s decision. The Commissioner’s order and decision rendered after the hearing shall be in writing and shall state, as appropriate, the
following:
1.
The nature of any violation(s) of this Title;
2.
The sections of this Title violated by the respondent;
3. Whether any license acquired by the respondent shall be revoked suspended, limited, or denied and, if so, the date on which the revocation,
suspension, limitation or denial shall be effective and the duration of any
suspension or limitation so ordered;
4.
The amount of any fine or penalty assessed;
5. Any other enforcement action, conditions or requirements which the
Commissioner may impose consistent with this title; and
6. A statement that the respondent possesses appeal rights pursuant to Title
21, § 11–110 and that the respondent may seek review of the Commissioner’s
decision by filing a Petition for Review of the Commissioner’s decision with the
District Court of Muscogee (Creek) Nation within thirty (30) days of said
decision, failing which the decision shall be final and not subject to judicial
review.
[NCA 01–183, § 1109, eff. Feb. 1, 2002.]
Historical and Statutory Notes
Derivation
NCA 92–162, §§ 209, 211.
Library References
Indians O416, 419, 422.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 11–110. Judicial review of Commissioner’s decision
A. Petition for review. Any person found by the Commissioner to have
violated any provision of this Title or Office of Public Gaming regulation after
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ENFORCEMENT PROVISIONS
Title 21, § 11–111
hearing may seek review of the Commissioner’s decision by filing a Petition for
Review of the Commissioner’s decision with the District Court of the Muscogee
(Creek) Nation within thirty (30) days of said decision, failing which the
decision shall be final and not subject to judicial review. The Commissioner
shall promptly file the full record of the proceeding, including the notice of
appeal, with the Muscogee (Creek) Nation District Court.
B. Standard for review. In hearing the appeal, the Muscogee (Creek) Nation
District Court shall give proper deference to the administrative expertise of the
Commissioner. The Muscogee (Creek) Nation District Court shall not set aside,
modify, or remand any determination by the Commissioner unless it finds that
the determination is arbitrary and capricious, unsupported by substantial
evidence or contrary to law.
C. Legal representation. The Petitioner may be represented by counsel in
any proceeding or review by the District Court, and the Commissioner shall be
represented by the Attorney General.
D. District Court decision. The Muscogee (Creek) Nation District Court
shall issue a written decision on all appeals. In no event shall the Court be
authorized to award or order the payment of damages or to fashion any remedy
against the Commissioner. In the event that the District Court affirms the
decision of the Commissioner or the Muscogee (Creek) Nation, the Court shall
award costs and a reasonable attorney fee to the Office of Public Gaming with
the provision that any part of the attorney fee collected shall be paid to the
Controller for use by the Office of the Attorney General.
E. Appeal to Supreme Court. If the petitioner receives an adverse decision
from the District Court, then the petitioner may appeal to the Muscogee (Creek)
Nation Supreme Court within thirty (30) days after the District Court enters the
decision.
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