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1993 Business Committee Ordinances

MediumDocument
ClassificationsArchive
Object numberBC.BCO.1993
Description1993 Business Committee Ordinances

Ordinance #93-12 - Amending Section 921 and Section 922 of/for the Civial Procedure Code of the Citizen Band Potawatomi Tribe of Oklahoma.

Ordinance #93-15 - Promoting the public order, peace, safety and welfare of all persons coming within the jurisdiction of the Citizen Band Potawatomi Indian Tribe of Oklahoma.
Finding AidPOT. ORD. NO. 93-12 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA: SECTION 1. AMENDATORY. Section 921 of the Civil Procedure Code of the Citizen Band Potawatomi Indian Tribe of Oklahoma is amended to read as follows: Section 921. In this act, 'foreign judgment' means any judgment, decree, or order of a court of the United States, any Indian tribe, or of any other court that is entitled to comity or full faith and credit in the tribal court. Such comity or full faith and credit shall be granted to judgment, decree or order of a state court that recognizes the judgments, decrees and orders this court. SECTION 2. AMENDATORY. Section 922 of the Civil Procedure Code for the Citizen Band Potawatomi Indian Tribe of Oklahoma is amended to read as follows: Section 922. A properly authenticated copy of any foreign judgment may be filed in the office of the court clerk. The clerk shall treat the foreign judgment in the same manner as a judgment of the tribal district court. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of the tribal district court and may be enforced or satisfied in a like manner. CERTIFICATION The undersigned Secretary/Treasurer of the Citizen Band Potawatomi Indian Tribe of Oklahoma hereby certifies that the above and foregoing Ordinance No. 93-12 was duly adopted by the Business Committee of the Citizen Band Potawatomi Indian Tribe of Oklahoma at a meeting held on the 18 day of Aug, 1992 with 5 voting for, 0 voting against, abstaining, and absent. SECRETARY/TREASURER Citizen Band Potawatomi Indian Tribe of Oklahoma Business Committee Ordinance Pot Ord. No. 93-15 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA: SECTION 1. CITATION The purposes of this ordinance are to promote the public order, peace, safety and welfare of all persons coming within the jurisdiction of the Citizen Band Potawatomi Indian Tribe of Oklahoma, to provide a safe and wholesome means of recreational activity in a community setting, and to provide a source of revenue for the operation of the programs and departments of the Tribal government by ensuring that any gaming activity conducted whether Class I, II, or III is fair, responsible, and consistent with applicable federal law including the regulations and guidelines established by Public Law 100-497, known as "The Indian Gaming Regulatory Act," and/or any Tribal-State Compact to which the tribe is a party. This ordinance shall be liberally construed to promote these purposes. SECTION 3: DEFINITIONS a. "Tribe" (and any of its derivations) means the Citizen Band Potawatomi Indian Tribe of Oklahoma. b. "Class I Gaming" means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of or in connection with Tribal ceremonies or celebrations. c. "Class II Gaming" means (1) "Bingo," which means a game of chance (whether or not electronic, computer, or other technologic aids are used in connection therewith) (a) played for prizes, including monetary prizes, with cards bearing numbers or other designations, (b) in which the holder of the card covers such numbers or designations when objects similarly numbered or designated, are drawn or electronically determined, and (c) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, including (if played in the same location) pull tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, and (2) "Card Games" that: (a) are explicitly authorized by the laws of the State of Oklahoma, or (b) are not explicitly prohibited by the laws of the State of Oklahoma and are played at any location in the State of Oklahoma, (c) but only if such card games are played in conformity with those laws and regulations (if any) of the State of Oklahoma regarding hours or periods of operation of such card games or limitations on wagers or pot sized in such card games. (3) The term "Class II Gaming" does not mean: (a) any banking card games, including baccarat, chemin de fer, or blackjack (21) or (b) electronic or electromechanical facsimile of any game of chance or slot machine of any kind d. "Class III Gaming" means all forms of gaming that are not Class I or Class II. e. "Gross Revenue" means the total revenues from the operation of gaming including among other things, entry fees, special session fees, proceeds from the sale or rental of gaming cards or supplies, sales of food or drink and similar items. f. "Net Revenues" means gross revenues less amounts paid out as, or paid for, prizes and expenses g. "Expenses" means all sums actually expended and reasonable and necessary for the gaming operation of gaming including, by examples, supplies, equipment, non-cash prizes, facilities, security services, license fees, rent, employees and other personnel services. h. "Court" means the courts of the Citizen Band Potawatomi Indian Tribe of Oklahoma. i. "Commission" means the National Indian Gaming Commission j. "Chairman" means the Chairman of the Commission. k. "Gaming Commissioner" means the person appointed by the Business Committee pursuant to Pott. Ord. No. 92-12 (Oct. 2, 1991). SECTION 4: GAMING PROHIBITED Except as provided herein, no person shall conduct any form of gaming within Tribal Indian Country for which a charge is made or other consideration requested or required for participation, or to the winner of which any prize is awarded. 2 SECTION 5: GAMING ALLOWED The only form of gaming allowed within Tribal Indian Country is that duly licensed and authorized by the Business Committee and subject to the regulations of the Tribe and the Indian Gaming Regulatory Act, or any duly-approved Tribal/State Compact for Class III Gaming. SECTION 6: GAMING OPERATIONS The Tribe shall have sole proprietary interest in and be responsible for the conduct of all gaming operations. The Business Committee administers the Tribal gaming operations consistent with this ordinance. The Tribal Administrator, or in his absence, the Chairman of the Business Committee or his designee, shall be the liaison between the Business Committee and the Director of Gaming. The Gaming Commissioner monitors compliance with this ordinance, any tribal/state compacts, and all applicable federal or tribal laws. SECTION 7: MANAGEMENT OF GAMING OPERATIONS All gaming operations shall be administered by the Director of Gaming who is employed by and serves at the pleasure of the Business Committee. SECTION 8: LICENSE FOR LOCATION No class II or Class III shall be allowed at any location unless a separate license is issued by the Business Committee for such site. SECTION 9: QUALIFICATIONS OF DIRECTOR OF GAMING The Director of Gaming must: a Never have been convicted of a felony, gaming offense or crime involving dishonesty or moral turpitude. b. Not have been convicted of any offense except traffic violations within two years from the date of employment. c. Not be a member of the Business Committee or Grievance Committee or related to any member of the Business Committee or Grievance Committee by blood or marriage within the second degree. d. Not have had his surety bond forfeited or been criminally convicted of or found civilly liable for any breach of fiduciary duty to the Tribe or have been impeached or removed from Tribal office. e. Be bondable in the necessary amounts. f. Meet any other applicable qualifications as prescribed in the Indian Gaming Regulatory Act. 3 SECTION 10: DUTIES OF DIRECTOR OF GAMING The duties of the Director of Gaming are to: a. Manage and conduct all forms of gaming and concessions of the Tribal gaming operation allowed under this ordinance. b. Timely submit all reports required by the Business Committee and any applicable law. c. Account for all monies and properties entrusted to him. d. Perform any other duties established by the Business Committee. SECTION 11: CONDUCT OF GAMING OPERATIONS The Director of Gaming shall conduct the gaming operation consistent with the following: a. The rules of play and operation of the game shall be prescribed and approved by the Business Committee. b. Each and every player has a fair and equal opportunity to win. c. The method of winning and the prize or prizes for each game should be clearly outlined before each game. d. The winner or winners of each game shall be verified in a manner that all present may witness. e. No person who is conducting or assisting in the gaming operation shall participate directly or indirectly in the play of that game. f. No person under the age of sixteen (16) years of age shall be permitted to play for any reason. g. He shall make sole and final determination as to the validity of a winner or winners at the conclusion of the game at which they were a winner. h. No alcoholic beverages or drugs of any kind shall be permitted in the facility during the time that the facility is being used for the gaming operation, unless the Business Committee has issued an Alcoholic Beverage license for on-premises consumption. i. No person under the influence of intoxicants, drugs or in any violation f Tribal law or ordinance shall be permitted to engage in any form of gaming nor to remain in the building when gaming is being conducted. j. Trash should be separated to facilitate recycling and efforts should be made to protect the environment. 4 SECTION 12: EMPLOYEES a. All persons employed in the gaming operation shall be licensed by the Director of Gaming as prescribed by the Indian Gaming Regulatory Act or any Tribal-state compact for Class III Gaming. b. Each employee will wear their license in a visible manner when operating or assisting in the operation of a gaming facility. c. No person shall be employed whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming. d. As necessary, the Business Committee may require the Director of Gaming or any other "Key" employee to be bonded in an amount not less than $50,000 payable to the tribe. e. Background investigations will be conducted on the primary management officials and key employees as prescribed in the Indian Gaming Regulatory Act, federal regulations, or any Tribal/State Compact for Class III gaming and the results forwarded to the Commission prior to issuance of licenses. f. When licenses are issued, the Director of Gaming will promptly notify the Commission as prescribed in the Indian Gaming Regulatory Act, federal regulations, or any Tribal/State Compact for Class III gaming. g. The Director of Gaming shall employ qualified Tribal members in preference to other equally qualified applicants for work but shall not be required to employ or retain in employment unqualified Tribal members. SECTION 13: RECORDS The Director of Gaming shall keep and maintain records concerning all gaming operations. These records shall be audited annually and the audit reports shall be open for inspection by any Tribal member at the office of the Tribal Administrator. SECTION 14: ANNUAL AUDIT The Business Committee will annually provide the Indian Gaming Commission with a copy of that portion of the Tribe's annual fiscal audit prepared by the Tribe's independent outside auditor that relates to the gaming operation. This audit will include, among other matters, all contracts for supplies, for services (except legal or accounting) or for concessions in excess of $25,000 annually that related to the gaming operation. 5 SECTION 15: GAMING ACCOUNT By resolution, the Business Committee shall designate one banking account as the Tribal "Gaming Account." The account shall be maintained in a financial institution designated by the Business Committee. The Gaming Account shall be part of the Annual Audit. Gross revenues derived from the conduct of Tribal gaming operations, excluding any cash payouts made during a Gaming session shall be deposited daily in the Tribal Gaming Account. No other monies shall be commingled with the Tribal Gaming Account. Except as specifically approved by the Business Committee, disbursement from the Tribal Gaming Account will only be made to pay expenses and will only be made on checks endorsed by both the Tribal Administrator and the Director of Gaming. Net revenues are to be transferred monthly to the Tribe's General Fund account to be disbursed solely as authorized by Business Committee appropriation. SECTION 16: SUPPLIES AND EQUIPMENT All expenses of the gaming operation must be approved by the Tribal Administrator. Provided further that all contracts for purchases of supplies, concession or services (excluding contracts for professional, legal or accounting services) in excess of $5,000 must receive prior approval of the Business Committee. All purchases of equipment, materials, concessions and food or any other item paid from the Gaming Account shall be the property of the Tribe. SECTION 17: LOCATION AND SCHEDULE OF GAMING All gaming sessions authorized herein shall be conducted at a place within Tribal Indian Country and on such days and times as may be approved by the Business Committee. The location and time for conducting Class III Gaming shall be consistent with any Tribal-State compact. SECTION 18: DISCRIMINATION The Business Committee or the Director of Gaming may bar any person from admittance to any Tribal gaming facility for any or no reason whatsoever. However, no person shall be discriminated against because of his race, color, creed, sex or natural origin SECTION 19: REPORT OF WINNERS No prize shall be awarded unless the winner has fairly won without any collusion with the Director of Gaming or any of his employees or agents of the gaming operation. A receipt acknowledging acceptance and receipt for the prize awarded must be signed by any winner regardless of the amount. The Director of Gaming has the authority to hold the payment of any winnings indefinitely until the final verification of authentic winning has been determined whether by inquiry or electronic means of validation upon the approval of the Tribal Administrator or Business Committee. The Director of Gaming or his designee shall make accurate and timely reports to the Internal Revenue Service. In which case, acceptable proof of winners' names, address, and social security number must be presented to the Director of Gaming or his designee in order to be paid prizes. 6 SECTION 20 CRIMINAL PENALTIES Any person or firm violating the provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be punished as provided by law. Upon conviction, a person may be punished by confinement for a period of not less than ten (10) days and no more than six (6) months or by a fine of not less than $500 and no more than $5,000 or by both such fine and imprisonment. SECTION 21: REPEALER Any prior gaming ordinances and all other ordinances inconsistent herewith are hereby repealed. SECTION 22: EFFECTIVE DATE This Ordinance shall become effective on the date of approval. CERTIFICATION In their respective capacities as officers of the Citizen Band Potawatomi Indian Tribe of Oklahoma, the undersigned do hereby certify that the above and foregoing Ordinance is a true and correct copy of Ordinance #93-15, as approved on the 26 day of Aug, 1992 with 5 voting for, 0 approved, and absent. John A. Barrett, Jr. Bob F. Davis Chairman Secretary/Treasurer 7