1995 Business Committee Ordinances
Date1995
MediumDocument
ClassificationsArchive
Object numberBC.BCO.1995
Description1995 Business Committee OrdinancesOrdinance #95-19 - Fuel Tax Act of 1994
Ordinance #95-21 - Gaming Ordinance
Finding Aid95-19: The Citizen Band Potawatomi Fuel Tax Act of 1994
TRANSCRIPTION:
CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA
BUSINESS COMMITTEE
ORDINANCE POT #95-19
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN BAND
POTAWATOMI INDIAN TRIBE OF OKLAHOMA
SECTION 1: CITATION.
This Act may be cited as the "Citizen Band Potawatomi Fuel Tax
Act of 1994."
SECTION 2: PURPOSE.
A recent court decision has held that the fuel taxes levied by
the State of Oklahoma cannot apply to sales of fuel to Indian
tribes in Indian country. The purpose of this Act is to stabilize
the price of gas sold by the Potawatomi in the event that the
judicial decision becomes effective and the Oklahoma fuel tax
burden on sales to the tribe is removed.
SECTION 3: TAX.
If the fuel taxes of the State of Oklahoma are not imposed on
sales of fuel to the tribe, the following taxes are levied on sales
in Indian country:
(a) Fifteen cents (15¢) per gallon on gasoline; and
(b) Twelve cents (12¢) per gallon for diesel fuel.
SECTION 4: EFFECTIVE.
This Act shall become effective when adopted, but the tax
shall not become effective until and unless the contingency
hereinbefore described occurs.
SECTION 5: CODIFICATION.
Unless a duplication would occur, the sections of this Act
shall be codified in Chapter 5 of the General Revenue and Taxation
Code of the Citizen Band Potawatomi Indian Tribe of Oklahoma.
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 exact
copy of Potawatomi Ordinance Number #95-19, as approved on the
25th day of August, 1994 with 3 voting for, 0 voting
opposed, and 2 absent.
John A. Barrett, Jr.,
Chairman
Bob F. Davis,
Secretary/Treasurer
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95-21: Gaming Ordinance
TRANSCRIPTION:
Citizen Band Potawatomi Indian Tribe of Oklahoma
Business Committee
Ordinance Pot. Ord. No. 94- 95-21
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN BAND
POTAWATOMI INDIAN TRIBE OF OKLAHOMA:
The Citizen Band Potawatomi Gaming Ordinance is amended to
read as follows:
SECTION 1. CITATION [NEW]
This ordinance shall be known and may be cited as the "Citizen
Band Potawatomi Gaming Ordinance" and shall apply to all forms of
gaming conducted within the jurisdiction of the Citizen Band
Potawatomi Indian Tribe of Oklahoma.
SECTION 2: PURPOSES
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 [AMENDED]
Unless the context clearly indicates a different meaning, the
following words are defined as:
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
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(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 cover-
ing 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, but only if such card games
are played in conformity with those laws and regu-
lations (if any) of the State of Oklahoma regarding
hours or periods of operation of such card games or
limitations on wagers or pot sizes 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 but are now or hereafter permitted by the
State of Oklahoma.
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, sale of food or drink and similar items.
f. "Net Revenues" means gross revenues of a gaming activity less
amounts paid out as, or paid for, prizes and total operating
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expenses including debt service but excluding management fees
paid to a management contractor within the meaning of 25
U.S.C. § 2711 (C).
g. "Expenses" means all sums actually expended and reasonable and
necessary for the gaming operation including, by example,
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: APPLICATION OF NET REVENUES [NEW]
In compliance with 25 U.S. C. § 2710(b) (2) (B) , net revenues
from any gaming activity are not to be used for purposes other
than:
a. to fund Tribal government operations or programs;
b. to provide for the general welfare of the Tribe and its
members;
c. to promote Tribal economic development
d. to donate to charitable organizations;
e. to help fund operations of local Government Agencies; or
f. any other purpose permitted under the Act.
SECTION 5: 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.
SECTION 6: GAMING ALLOWED
The only form of gaming allowed within Tribal Indian Country
is that duly licensed and authorized by the Tribe and subject to
the regulations of the Tribe and the Indian Gaming Regulatory Act,
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or any Tribal/state compact for Class III Gaming approved by the
Chairman and the Secretary of the Bureau of Indian Affairs.
SECTION 7: GAMING OPERATIONS
The Tribe shall have sole proprietary interest in and be
responsible for the conduct of all gaming operations. The Tribal
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 compli-
ance with this ordinance, any tribal/state compacts, and all
applicable federal or tribal laws.
SECTION 8: 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 9: LICENSE FOR LOCATION
No Class II or Class III gaming shall be allowed at any
location unless a separate license is issued by the Business
Committee for such site.
SECTION 10: PUBLIC SAFETY STANDARDS [NEW]
In compliance with 25 U.S.C. § 2710(b) (d2) (E), the construc-
tion and maintenance of any gaming facilities, and the operation of
gaming activities, shall be conducted in a manner which adequately
protects the environment and the public health and safety and for
that purpose shall comply with the requirements of any applicable
Tribal-State Compact and all other applicable health, safety and
environmental standards enacted by the Tribe.
SECTION 11: 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.
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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.
SECTION 12: 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.
e. Perform the responsibilities and duties assigned in
Section 17.
SECTION 13: 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 as 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 not 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.
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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 consump-
tion.
i. No person under the influence of intoxicants, drugs or in
any violation of 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 separate to facilitate recycling and
efforts should be made to protect the environment.
SECTION 14: 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 activity,
criminal record, if any, or reputation, habits and associations
pose a threat to the public interest or 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 the issuance of licenses.
f. When licenses are issued, the Director of Gaming will
promptly notify the Commission as described 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
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work, but shall not be required to employ or retain in employment
unqualified tribal members.
SECTION 15: 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 16: EMPLOYEES LICENSED [NEW]
The Tribe shall ensure that the policies and procedures set
out in this section are implemented with respect to key employees
and primary management officials employed at any Class II gaming
enterprise operated on Indian lands:
a. Definitions. For the purposes of this section, the
following definitions apply:
(1) Key employee means those key employees as defined in
any statute or regulation and at a minimum include:
(a) A person who performs one or more of the
following functions: (1) Bingo caller; (2) Counting room supervi-
sor; (3) Chief of Security; (4) Custodian of gaming supplies or
cash; (5) Floor manager; (6) Pit boss; (7) Dealer; (7) Dealer; (8)
Croupier; (9) Approver of credit; or (10) Custodian of gambling
devices including persons with access to cash and accounting within
such devices.
(b) If not otherwise included, any other person
whose total cash compensation is in excess of $50,000 per year; or
(c) If not otherwise included, the four most
highly-compensated persons in the gaming operation.
(2) Primary management official means:
(a) The person having management responsibility for
a management contract;
(b) Any person who has authority to hire and fire
employees or to set up working policy for the gaming operation; or
(c) The chief financial officer or other person who
has financial management responsibility.
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b. Application Forms
(1) The following notice shall be placed on the
application form for a key employee or a primary management
official before that form is filled out by an applicant:
"In compliance with the Privacy Act of 1974, the following
information is provided: Solicitation of the information on
this form is authorized by 25 U.S.C.A. § 2701 et seq. The
purpose of the requested information is to determine the
eligibility of individuals to be employed in a gaming opera-
tion. The information will be used by National Indian Gaming
Commission members and staff who have need for the information
in the performance of their official duties. The information
may be disclosed to appropriate Federal, State, local or
foreign law enforcement and regulatory agencies when relevant
to civil, criminal or regulatory investigations or prosecu-
tions or when pursuant to a requirement by a tribe or the
National Indian Gaming Commission in connection with the
hiring or firing of an employee, the issuance or revocation of
a gaming license, or investigations 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 hire you in a primary
management official or key employee position."
The disclosure of your Social Security Number (SSN) is
voluntary. However, failure to supply a SSN may result in
errors in processing your application.
(2) Existing key employees and primary management
officials shall be notified in writing that they shall either:
(a) Complete a new application form that contains
a Privacy Act notice; or
(b) Sign a statement that contains the Privacy Act
notice and consent to the routine uses described in that notice.
(3) The following notice shall be placed on the
application form for a key employee or a primary official before
that form is filled out by an applicant:
A false statement on any part of your appli-
cation may be grounds for not hiring you, or
for firing you after you begin work. Also,
you may be punished by fine or imprisonment.
(U.S. Code, Title 18, Section 1001).
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(4) The Tribe shall notify in writing existing key
employees and primary management officials that they shall either:
(a) Complete a new application form that contains
a notice regarding false statements; or
(b) Sign a statement that contains the notice
regarding false statements
c. Background Investigations
(1) The Tribe shall request from each primary management
official and from each key employee all of the following informa-
tion:
(a) Full name, other names used (oral and written),
social security number(s), birth date, place of birth, citizen
ship, gender, all languages (spoken or written);
(b) Currently and for the previous five years:
business and employment positions held, ownership interests in
those businesses, business and residence addresses, and driver's
license numbers;
(c) The names and current addresses of at least
three personal references, including one personal reference who was
acquainted with the applicant during each period of residence
listed under Paragraph (i) (2) of this section;
(d) Current business and residence telephone
numbers;
(e) A description of any existing and previous
business relationships with Indian tribes, including ownership
interests in those businesses;
(f) A description of any existing and previous
business relationships with the gaming industry generally,
including ownership interests in those businesses;
(g) The name and address of any licensing or
regulatory agency with which the person has filed an application
for a license or permit related to gaming, whether or not such
license or permit was granted;
(h) For each felony for which there is an ongoing
prosecution or a conviction, the charge, the name and address of
the court involved, and the date and disposition, if any;
(i)For each misdemeanor conviction or ongoing
misdemeanor prosection (excluding minor traffic violations), within
ten years of the date of the application, the name and address of
the court involved and the date and disposition;
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(j) For each criminal charge (excluding minor
traffic charges), whether or not there is a conviction, if such
criminal charge is within ten years of the date of the application
and is not otherwise listed pursuant to Paragraph (i) (8) or (i) (9)
of this section, the criminal charge, the name and address of the
court involved and the date and disposition.
(k) The name and address of any licensing or
regulatory agency with which the person has filed an application
for an occupational license or permit, whether or not such license
or permit was granted;
(l) A current photograph;
(m) Any other information the Tribe deems relevant;
and
(n) Fingerprints consistent with procedures adopted
by the Tribe according to 25 C.F.R. § 522.2(h); by engaging either
a city, county or a State or Federal Tribal law enforcement agency
or a private individual with experience in taking fingerprints.
(o) The Tribe shall conduct an investigation
sufficient to make a determination under Subsection (d) below. In
conducting a background investigation, the Tribe or its agent shall
promise to keep confidential the identity of each person inter-
viewed in the course of the investigation.
d. Eligibility Determination. The Tribe shall review a
person's prior activities, criminal record, if any, and reputation,
habits and associations to make a finding concerning the eligibil-
ity of a key employee or primary management official for employment
in a gaming operation. If the Tribe 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, a tribal gaming operation shall not
employ that person.
(e). Procedures for Forwarding Applications and Reports for
Key Employees and Primary Management Officials to the Nation Indian
Gaming Commission.
(1) When a key employee or primary management official
begins work at a gaming operation authorized by this ordinance, the
Tribe shall forward to the National Indian Gaming Commission a
completed application for employment and conduct the background
investigation and make the determination referred to in Subsection
(c) of this section.
(2) The Tribe shall forward the report referred to in
this subsection to the National Indian Gaming Commission within 60
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days after an employee begins work or within 60 days of the
approval of this ordinance by the Chairman of the National Indian
Gaming Commission.
(3) The gaming operation shall not employ as a key
employee or primary management official a person who does not have
a license after 90 days.
f. Report to the National Indian Gaming Commission.
(1) Pursuant to the procedures set out in Subsection (e)
of this section, the Tribe shall prepare and forward to the
National Indian Gaming Commission 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.
(2) The Tribe shall submit, with the report, a copy of
the eligibility determination made under Subsection d of this
section.
(3) If a license is not issue to an applicant, the
Tribe:
(a) Shall notify the National Indian Gaming Commis-
sion; and
(b) May forward copies of its eligibility deter-
mination and investigative report (if any) to the National Indian
Gaming Commission for the inclusion in the Indian Gaming Individu-
als Records System.
(4) With respect to key employees and primary management
officials, the Tribe shall retain applications for employment and
reports (if any) of background investigations for inspection by the
Chairman of the National Indian Gaming Commission or his or her
designee for no less than three (3) years from the date of
termination of employment.
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g. Granting a Gaming License.
(1) If, within a thirty (30) day period after the Na-
tional Indian Gaming Commission receives a report, the National
Indian Gaming Commission notifies the Tribe that it has no
objection to the issuance of a license pursuant to a license
application filed by a key employee or a primary management
official for whom the Tribe has provided an application and inves-
tigative report to the National Indian Gaming Commission, the Tribe
may issue a license to such applicant.
(2) The Tribe shall respond to a request for additional
information from the Chairman of the National Indian Gaming
Commission concerning a key employee or a primary management
official who is the subject of a report. Such a request shall
suspend the 30-day period under Paragraph (g) (i) of this section
until the Chairman of the National Indian Gaming Commission
receives the additional information.
(3) If, within the thirty (30) day period described
above, the National Indian Gaming Commission provides the Tribe
with a statement itemizing objections to the issuance of a license
to a key employee or to a primary management official for whom the
Tribe has provided an application and investigative report to the
National Indian Gaming Commission, the Tribe shall reconsider the
application, taking into account the objections itemized by the
National Indian Gaming Commission. The Tribe shall make the final
decision whether to issue a license to such applicant.
h. License Suspension.
(1) If after the issuance of a gaming license, the
Tribe receives from the National Indian Gaming Commission reliable
information indicating that a key employee or a primary management
official is not eligible for employment under Subsection (d) above,
the Tribe shall suspend such license and shall notify in writing
the licensee of the suspension and the proposed revocation.
(2) The Tribe shall notify the licensee of a time and a
place for a hearing on the proposed revocation of a license.
(3) After a revocation hearing, the Tribe shall decide
to revoke or to reinstate a gaming license. The Tribe shall notify
the National Indian Gaming Commission of its decision.
SECTION 17: PROCEDURES FOR BACKGROUND INVESTIGATIONS [NEW]
The Citizen Band Potawatomi Indian Tribe of Oklahoma is
responsible for the conduct of the background investigations and
suitability to determinations for licensing of key employees and
primary management officials.
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a. Organizational Chart.
(1) Citizen Band Potawatomi Indian Tribal Director of
Gaming. The Citizen Band Potawatomi Indian Tribal Director of
Gaming under the gaming ordinance shall be ultimately responsible
for conducting and/or causing to be conducted the background
investigations on key employees and primary management officials.
The Director of Gaming may cause the background investigations to
be conducted by persons approved by the Business Committee, but the
Director of Gaming shall ultimately be responsible for reviewing
and approving the investigative work performed. The Director shall
make all determinations concerning the licensing of key employees
and primary management officials. The results of the background
investigation shall be reported by the Director to the National
Indian Gaming Commission. The Director may conduct the investiga-
tions personally or may, with the approval of the Gaming Commis-
sion, employ investigators to conduct the background investigations
on behalf of the Gaming Commission. The Director shall be
responsible for obtaining and processing fingerprints. The
Director will coordinate with the appropriate law enforcement
agencies or any other entity authorized to process fingerprints for
the background check as it relates to fingerprints.
(2) Investigators. Investigators may be employed by the
Director to assist in background investigations. Any investigators
employed for background investigations will be under the supervi-
sion of the Director. All reports of the investigators will be
forwarded to the Director, who shall make the reports a part of the
Director's final investigative report submitted to the National
Indian Gaming Commission.
(3) Selection of Responsible Individuals. Persons re-
sponsible for the background investigations are granted the
authority under the Tribal Ordinance.
b. Investigative Procedures
(1) Information Required. The Tribe shall secure from
each key employee or primary management official applicant all
information required by the tribal gaming ordinance, federal law,
and regulation.
(2) Check List. The Tribe shall create a check list
which shall be used in the verification process. This list shall
indicate that each item of information received from the primary
management official or key employee applicant has been verified
through written or oral communication.
(3) Personal Interviews. In inquiring into the
applicant's character, the Tribe shall interview a sufficient
number of knowledgeable people such as former employers, personal
references, and any other individuals which may have information as
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to the reputation, habits and associations of the applicant. The
Tribe shall interview as many individuals as is necessary -- but in
no event shall the number of persons interviewed be less than five
-- sufficient to make a finding concerning the eligibility for
employment in the gaming operation.
c. Investigative Report
(1) Content. The final investigative report shall
identify all potential problem areas as discovered during the
investigation and shall state the final resolution of each problem
area. Further, the final report shall specifically identify the
information which formed the basis for the rejection or disqualifi-
cation of any applicant.
(2) Procedure. The final investigative report submitted
to the National Indian Gaming Commission shall set forth in detail
the procedure followed by the tribe in conducting the background
investigation.
(3) Disclosure. The final report submitted to the
National Indian Gaming Commission shall set forth in detail the
results of the investigation, including the disclosure of all
potential problems in the applicant's background and, in detail,
the facts which demonstrate the existence of the problem.
(4) Recommendation. The final investigative report
shall state whether the applicant should or should not be granted
a license and shall state, in detail, the facts that support the
grant or denial of said license.
SECTION 18: ANNUAL AUDIT
The Business Committee will annually provide the Indian Gaming
Commission with a copy of that portion of the audit prepared by the
Tribe's independent auditor that relates to the gaming. This audit
will include, among other matters, all contracts for supplies,
services (except legal or accounting) or concessions in excess of
$25,000 annually that relate to the gaming operation.
SECTION 19: GAMING ACCOUNT
By resolution, the Tribe by 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 subject to 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 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 reasonable
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and necessary 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 20: SUPPLIES AND EQUIPMENT
All reasonable and necessary 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, which shall be obtained by the Director of
Gaming by submitting the proper requisition. 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 21: 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 22: DISCRIMINATION
Notwithstanding any other provision of this section, 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 23: PROCEDURES FOR DISPUTE RESOLUTION [NEW]
In the event of an alleged personal injury or property damage
suffered by a patrol of the gaming facility, or in the event of a
dispute between a patron and the gaming enterprise regarding the
payment of bet or distribution of winnings, the patron may make a
claim against the gaming enterprise as follows:
a. Making Claim. Any patron having a claim against the
gaming enterprise shall present a claim to the gaming enterprise
for any appropriate relief including the award of money damages.
Claims against the gaming enterprise are to be presented within
ninety (90) days of the date the loss occurs. In the event a claim
is not presented following ninety (90) days after the loss occurs,
but within one (1) year after the loss occurs, any judgment in a
lawsuit arising from the act which is the subject of the claim
shall be reduced by ten (10) percent. A claim against the gaming
enterprise shall be forever barred unless notice thereof is
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presented within one (1) year after the loss occurs. A claim
against the gaming enterprise shall be in writing and filed with
the Tribal Gaming Commission at the address of the gaming facility.
Notices explaining this procedure shall be posted in the gaming
facility. Such notices shall explain that this procedure is the
exclusive method of making a tort claim or registering a patron
dispute about payment of a bet or a distribution of winnings. Such
notices shall explain that upon denial of a claim redress must be
sought exclusively in Tribal Court.
b. Notice. The written notice of claims of the gaming
enterprise shall state the date, time, place and circumstances of
the claim, the identity of the tribal or gaming employees, if
known, the amount of compensation or other relief demanded, the
name, address and telephone number of the claimant, and the name,
address and telephone number of any agent authorized to settle the
claim.
c. Denial. A claim is deemed denied if the gaming enter-
prise fails to approve the claim in its entirety within ninety (90)
days of receipt, unless the interested parties have reached a
settlement before the expiration of that period. A person may not
initiate suit against the gaming enterprise unless the claim has
been denied in whole or in part. The claimant and the gaming
enterprise may continue attempts to settle a claim; however,
settlement negotiations do not extend the date of denial.
d. Limitations. No action for any cause arising from
personal injury, property damage, or patron gaming dispute shall be
maintained unless valid notice has been given and the action is
commenced in a tribal court within 180 days after denial of the
claim as set forth herein. Neither the claimant nor the gaming
enterprise may extend the time to commence an action by continuing
to attempt settlement of the claim.
SECTION 24: 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. A receipt acknowledging acceptance and
receipt of the prize awarded must be signed by any winner regard-
less 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 of any winners at any gaming facility
whose prize winnings exceed the minimum limits set by the Internal
Revenue Service. In which case, acceptable proof of winners' name,
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 25: 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. If a person is convicted in Tribal
court, he may be punished by confinement in the Tribal jail 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 26: SERVICE OF PROCESS
All notices or process made pursuant to this ordinance may be
made by directing said notice to:
Director of Gaming
Citizen Band Potawatomi Indian Tribe of Oklahoma
1901 S. Gordon Cooper Drive
Shawnee, OK 74801
cc: Tribal Administrator
Citizen Band Potawatomi Indian Tribe of Oklahoma
1901 S. Gordon Cooper Drive
Shawnee, OK 74801
SECTION 27: REPEALER
Any prior gaming ordinances and all other ordinances inconsis-
tent herewith are hereby repealed.
SECTION 28: 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 #91-95-21, as approved on the 30 day
of September 1941991, with 3 voting for, 0 disapproved,
and 2 absent.
John A. Barrett, Jr.
Chairman
Bob F. Davis
Secretary/Treasurer
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September 28, 1994 F: \TEXT\CLIENTS\POT\GAMING\REVISED.ORD