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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Gaming Ordinance


Title II. Licensing/Permits

Section 201. License Required

Section 202. Licensing Fees

Section 203. Exemptions

Section 204. License Application Deadline

Section 205. License Renewals

Section 206. License Display

Section 207. License Updates

Section 208. License Fees

Section 209. Non-Transferability

Section 210. License Fee Usage

Section 211. Revocable Privilege

Section 212. Violations

Section 213. Licensee Responsibilities

Section 214. Contract Review by Gaming Commission

Section 215. Contract Reformation

Section 216. Gaming Commission Decisions

Section 217. Appeal of Gaming Commission Decisions

Section 218. Effective Date

AST GAMING Section 201
Section 201. License Required

Any person, organization, or corporation conducting gaming, gaming-related activities, or providing equipment, supplies, or services within the jurisdiction of the Absentee Shawnee Tribe of Indians of Oklahoma shall be required to have and display prominently an appropriate, valid and current Gaming license issued pursuant to the provisions of this Ordinance. Any other forms of public gaming operations being conducted within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma without the lawful written approval of the Absentee Shawnee Tribe of Oklahoma Gaming Commission are prohibited.

Absentee Shawnee Gaming Ordinance Section 201, AST GAMING Section 201

 

 

 




AST GAMING Section 202
Section 202. Licensing Fees

Licenses shall be issued for Absentee Shawnee Tribal Gaming Enterprise managers and employees, Gaming Commission employees and Gaming Commissioners, as well as any vendor providing games, gaming-related equipment, supplies, or services, and each shall have a separate fee, and each shall grant separate privileges as detailed in the Gaming Commission Policies and Procedures manual. Licensees shall operate and conduct only those activities authorized under each license as listed in this Ordinance or as may be further specified in regulations promulgated pursuant to this Ordinance.

Absentee Shawnee Gaming Ordinance Section 202, AST GAMING Section 202

 

 

 




AST GAMING Section 203
Section 203. Exemptions

The following activities are not public gaming operations under the terms of this Ordinance, and therefore do not require a license under this title:

A. Gaming not for gain. Gaming in which no cash or valuable prizes are won, other than “points” for cumulative competitive ratings, or “places” for immediate competitive rankings, is not subject to the provisions of this Ordinance. However, gaming for gain which is conducted by a non-profit organization is subject to the requirements of this Ordinance if case or valuable prizes are awarded. “Valuable prize” means an object or service worth one hundred dollars ($100.00) or more in fair market value.

Absentee Shawnee Gaming Ordinance Section 203, AST GAMING Section 203

 

 

 




AST GAMING Section 204
Section 204. License Application Deadline

All persons or organizations who may seek to engage in public gaming activities within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma must apply for the same at least thirty (30) days prior to the scheduled activities.

Absentee Shawnee Gaming Ordinance Section 204, AST GAMING Section 204

 

 

 




AST GAMING Section 205
Section 205. License Renewals

Every licensee intending to continue engaging in public gaming activities within the Absentee Shawnee Tribe of Oklahoma 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.

Absentee Shawnee Gaming Ordinance Section 205, AST GAMING Section 205

 

 

 




AST GAMING Section 206
Section 206. License Display

Every licensee shall wear or display in a prominent place a current and valid Absentee Shawnee Gaming license.

Absentee Shawnee Gaming Ordinance Section 206, AST GAMING Section 206

 

 

 




AST GAMING Section 207
Section 207. License Updates

When a licensee changes a location of public gaming activating within the Absentee Shawnee Tribe of Oklahoma, the Gaming Commission shall issue a corrected license for the balance of the current period reflecting the new address upon reasonable proof of change of address and without imposition of an additional license fee.

Absentee Shawnee Gaming Ordinance Section 207, AST GAMING Section 207

 

 

 




AST GAMING Section 208
Section 208. License Fees

Each application for an initial or renewal license shall be accompanied by payment of the current license fee approved by the Gaming Commission. Subject only to the appeal as provided under this Ordinance, the Gaming Commission's determination of the license fee properly owed under this Ordinance shall be final. This fee is imposed for the revocable privilege of being licensed to engage in public gaming activities within the Absentee Shawnee Tribe of Oklahoma.

Absentee Shawnee Gaming Ordinance Section 208, AST GAMING Section 208

 

 

 




AST GAMING Section 209
Section 209. Non-Transferability

The license issued pursuant to the provisions of this Ordinance is valid only for the person(s) or organization(s) at the place of business shown on the face thereof. It is not assignable or otherwise transferable to any other person or organization or for any other location without the written approval of the Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 209, AST GAMING Section 209

 

 

 




AST GAMING Section 210
Section 210. License Fee Usage

All license fees shall become part of the Gaming Commission budget of the Absentee Shawnee Tribe of Oklahoma, and shall be used to offset the costs of the Gaming Commission operation.

Absentee Shawnee Gaming Ordinance Section 210, AST GAMING Section 210

 

 

 




AST GAMING Section 211
Section 211. Revocable Privilege

The Gaming Operations license is a revocable privilege, and no holder thereof shall be deemed to have a part in any vested rights therein or there-under. The burden of providing qualifications to hold any license rests at all times in the licensee. The Gaming Commission 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 unsuitable person(s) whose operations are conducted in an unsuitable or unlawful manner.

Absentee Shawnee Gaming Ordinance Section 211, AST GAMING Section 211

 

 

 




AST GAMING Section 212
Section 212. Violations

Violation of any provisions of this Ordinance or any of the Gaming Commission's rules by a licensee, his agent, or employee shall be deemed contrary to the public health, safety, morals, good order, and general welfare of the Absentee Shawnee Tribe of Oklahoma and the inhabitants of the Absentee Shawnee Tribe of Oklahoma, and shall be deemed grounds for affirmative Gaming Commission action. Such Gaming Commission action shall include, but not limited to:

A. Suspension or revocation of a license;

B. Refusal to grant or renew a license;

C. Exclusion of individuals or individuals representing corporate entities from any or all gaming facilities;

D. Filing of court action.

Absentee Shawnee Gaming Ordinance Section 212, AST GAMING Section 212

 

 

 




AST GAMING Section 213
Section 213. Licensee Responsibilities

Acceptance of a license or renewal thereof, or a condition imposed thereon, by a licensee constitutes an agreement on the part of the licensee to be bound by all the regulations and/or conditions of the Gaming Commission and by the provisions of this Ordinance as the same 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, provisions, and conditions, and ignorance thereof will no excuse the violations.

Absentee Shawnee Gaming Ordinance Section 213, AST GAMING Section 213

 

 

 




AST GAMING Section 214
Section 214. Contract Review by Gaming Commission

As a provision of licensing, all contracts or agreements with the Absentee Shawnee Tribe of Oklahoma that include gaming or gaming-related activities, equipment, supplies or services must be reviewed by the Gaming Commission. Upon such review the Gaming Commission shall reform all gaming contracts to comport and comply with existing tribal and federal law. Any reformation provisions shall be prepared in writing and delivered to the Executive Committee and all other parties to the contract.

Absentee Shawnee Gaming Ordinance Section 214, AST GAMING Section 214

 

 

 




AST GAMING Section 215
Section 215. Contract Reformation

Any person or entity entitled to receive notice of reformation subject to Section 214 may request a hearing for reconsideration of the Gaming Commission's reformation, provided such request is made within ten (10) days of delivery of reformation provisions, the Gaming Commission, upon such request, shall promptly set a hearing date, notify any person or entity entitled to notice pursuant to Section 214 of the hearing date in writing. At the hearing, the Gaming Commissioners shall receive testimony and exhibits to determine whether to amend the reformation provisions prepared pursuant to Section 214. In no event shall the Gaming Commission delay a hearing requested pursuant to this section more than forty-five (45) days beyond the date of issuance of notice of reformation pursuant to Section 214.

Absentee Shawnee Gaming Ordinance Section 215, AST GAMING Section 215

 

 

 




AST GAMING Section 216
Section 216. Gaming Commission Decisions

At the conclusion of any hearing required by Section 215, the Gaming Commission shall within five (5) days render a written decision. Said decision shall contain a determination that reconsideration is warranted or not warranted. If reconsideration is warranted the Gaming Commission shall state whether any reformation is necessary and if so shall fully describe the contract reformation imposed. Nothing herein shall prevent the Gaming Commission from withdrawing its original determination that reformation is necessary. A copy of the decision of the Gaming Commission shall be sent immediately to the Executive Committee and all other parties to the reformed contract.

Absentee Shawnee Gaming Ordinance Section 216, AST GAMING Section 216

 

 

 




AST GAMING Section 217
Section 217. Appeal of Gaming Commission Decisions

Within ten (10) days of the decision of the Gaming Commission issued pursuant to Section 216 the Executive Committee or any other parties to the reformed contract may initiate an appeal to tribal district court. The court shall review the decision of the Gaming Commission to determine whether the final reformation decision is an abuse of Gaming Commission discretion. If the court determines that no abuse of discretion exists, the Commission's decision shall stand as written. If the court determines that the Gaming Commission's decision is an abuse of discretion, the court shall vacate the decision and shall direct the Gaming Commission to prepare reformation if any is necessary pursuant to court order.

Absentee Shawnee Gaming Ordinance Section 217, AST GAMING Section 217

 

 

 




AST GAMING Section 218
Section 218. Effective Date

Reformation of a contract pursuant to Section 214 shall be effective upon expiration of the time available for reconsideration by the Gaming Commission provided reconsideration is not requested. If reconsideration is requested, the reformation shall be effective upon the expiration of time for appeal to tribal court if no appeal is pursued. If tribal court appeal is pursued the effective date shall be ten (10) days from the date of decision by the tribal district court and provided that such reformation shall be consistent with the tribal court decision.

Absentee Shawnee Gaming Ordinance Section 218, AST GAMING Section 218

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