1993 Business Committee Ordinances
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Object numberBC.BCO.1993
Description1993 Business Committee OrdinancesOrdinance #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.
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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.
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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.
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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.
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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.
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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
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