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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Gaming Ordinance
Title III. Rules or Operation and General Applicability

Section 301. Records, Returns, and Audits

Section 302. Deleted

Section 303. Licensee delays

Section 304. Requirement to Produce Records or Information

Section 305. Facility Security

Section 306. One Gaming License Per Licensee

Section 307. Age Limit for Gaming

Section 308. On Duty Operators Shall Not Play

Section 309. No Free Gaming for Winners

Section 310. Prizes Awarded

Section 311. Deleted

Section 312. Promotional Activities

Section 313. Deleted

Section 314. Facility Control

Section 315. Gaming Locations

Section 316. Price Fixing

Section 317. Gaming Supervision

Section 318. Operating Standards

Section 319. Deleted

Section 320. Site Certification

Section 321. Open Inspections

Section 322. Repealed

Section 323. Firearms Prohibition

Section 324. Credit Policy

Section 325. Fraud Policy

Section 326. Rules Documentation

Section 327. Deleted

Section 328. Territorial Restrictions

Section 329. Manufacturer/Distributor Information

Section 330. Deleted

Section 331. Progressive Payouts

Section 332. Employees

AST GAMING Section 301
Section 301. Records, Returns, and Audits

It shall be the responsibility of the Gaming Commission to promulgate regulations establishing proper accounting procedures and methods of operations for all licensees, so that all monies or things of value received and/or paid out may be properly monitored and accounted for. All licensees under this Ordinance shall be required to keep an approved accounting system, which shall comply with, but not be limited to, all applicable provisions of this Ordinance or the regulations of the Gaming Commission. Said accounting system shall reflect all business and financial transactions involved or connected in any manner with the operation and conducting of activities authorized by this Ordinance.

Absentee Shawnee Gaming Ordinance Section 301, AST GAMING Section 301

 

 

 




AST GAMING Section 302
Section 302. Deleted

Rules and gaming procedures are found in the Tribal MICS and in gaming facility policies and procedures.

Absentee Shawnee Gaming Ordinance Section 302, AST GAMING Section 302

 

 

 




AST GAMING Section 303
Section 303. Licensee delays

Any delay, maneuver or action of any kind, which in the opinion of the Gaming Commission, is effectuated by any licensee to unlawfully avoid paying the proceeds, fees, or fines properly owing to the Absentee Shawnee Tribe of Oklahoma shall constitute grounds for taking any disciplinary action deemed necessary by the Gaming Commission, including by not limited to, fining, revoking, suspending, limiting, or refusing to renew the license of any licensee. Further, the Gaming Commission shall have authority to make assessments of monies owed to the Absentee Shawnee Tribe of Oklahoma by contract or taxation and may levy collection of the same with or without notice.

Absentee Shawnee Gaming Ordinance Section 303, AST GAMING Section 303

 

 

 




AST GAMING Section 304
Section 304. Requirement to Produce Records or Information

No applicant, licensee, or employee thereof shall neglect or refuse to produce records or evidence under his control, or to give information upon proper and lawful demand by the Gaming Commission, or shall otherwise interfere with any proper and lawful efforts by the Gaming Commission to produce such information. The Gaming Commission 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 Gaming Commission may deem relevant to the discharge of its 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 Gaming Commission as evidence in any proceeding or matter before the Gaming Commission 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 Ordinance.

Absentee Shawnee Gaming Ordinance Section 304, AST GAMING Section 304

 

 

 




AST GAMING Section 305
Section 305. Facility Security

Licensees shall provide for their facility security, provided that contracts are reviewed, and security plans, or amendments thereto, are approved by the Gaming Commission prior to implementation.

Absentee Shawnee Gaming Ordinance Section 305, AST GAMING Section 305

 

 

 




AST GAMING Section 306
Section 306. One Gaming License Per Licensee

Unless prior written approval is obtained from the Gaming Commission, no person employed in the conduct of gaming operating under one license shall be employed under any other license authorized to operate under this Code.

Absentee Shawnee Gaming Ordinance Section 306, AST GAMING Section 306

 

 

 




AST GAMING Section 307
Section 307. 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 game. No person(s) under the age of sixteen (16) shall be allowed on premises where games are being conducted. It shall be the responsibility of the licensee to enforce the provisions of this section.

Absentee Shawnee Gaming Ordinance Section 307, AST GAMING Section 307

 

 

 




AST GAMING Section 308
Section 308. On Duty Operators Shall Not Play

No operator shall allow a person who manages or receives any compensation, directly or indirectly, for the operation of any games conducted by the operator to play in a game while on duty. No operator shall allow any person who assists in the operation on any game conducted by the operator to play in any game conducted by the operator within twenty-four (24) hours of the time said person did so assist.

Absentee Shawnee Gaming Ordinance Section 308, AST GAMING Section 308

 

 

 




AST GAMING Section 309
Section 309. No Free Gaming for Winners

No free bingo cards, video games, table games or any other opportunity to play without charge in a game shall be awarded or given to a person as prize for or conditioned upon winning a bingo game or any other type of game. However, the Gaming Commission shall have the authority to grant exceptions upon request by the gaming facility management, and management is free to engage in industry-standard promotional and advertising incentives at all times.

Absentee Shawnee Gaming Ordinance Section 309, AST GAMING Section 309

 

 

 




AST GAMING Section 310
Section 310. Prizes Awarded

Every prize awarded in any authorized Absentee Shawnee tribal gaming operation shall be awarded only to the person(s) actually winning the prize and/or displaying the proper admission ticket.

Absentee Shawnee Gaming Ordinance Section 310, AST GAMING Section 310

 

 

 




AST GAMING Section 311
Section 311. Deleted

Rules and gaming procedures are found in the Tribal MICS and in gaming facility policies and procedures.

Absentee Shawnee Gaming Ordinance Section 311, AST GAMING Section 311

 

 

 




AST GAMING Section 312
Section 312. Promotional Activities

Gaming facility management may be exempt from Section 309 and engage in promotions and activities that include prizes or awards as promotional incentives in all areas of the gaming facility. Gaming facility management must provide the Gaming Commission full details of any non industry-standard promotional activities and receive advance approval for each such non-standard promotional activity. Written approval for such non-standard promotional activities must remain on file with the Gaming Commission and with the gaming facility for a period of not less than one (1) year.

Absentee Shawnee Gaming Ordinance Section 312, AST GAMING Section 312

 

 

 




AST GAMING Section 313
Section 313. Deleted

Rules and gaming procedures are found in the Tribal MICS and in gaming facility policies and procedures.

Absentee Shawnee Gaming Ordinance Section 313, AST GAMING Section 313

 

 

 




AST GAMING Section 314
Section 314. Facility Control

In all cases gaming facility management shall have and must exercise complete control over that portion of the premises being used for gaming at all times said games are being played. The gaming facility management shall ultimately be held liable for any violation of the Gaming Ordinance and/or the Absentee Shawnee Tribal Minimum Internal Control Standards (MICS), and licensed gaming facility employees will also be held liable for infractions of the MICS.

Absentee Shawnee Gaming Ordinance Section 314, AST GAMING Section 314

 

 

 




AST GAMING Section 315
Section 315. Gaming Locations

Games shall be operated and conducted only on the appropriate licensed premises authorized under this Gaming Ordinance.

Absentee Shawnee Gaming Ordinance Section 315, AST GAMING Section 315




AST GAMING Section 316
Section 316. Price Fixing

No manufacturer, distributor, or operator shall be 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 Ordinance 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.

Absentee Shawnee Gaming Ordinance Section 316, AST GAMING Section 316

 

 

 




AST GAMING Section 317
Section 317. Gaming Supervision

Gaming facility management must supervise and be directly responsible for all activities on their premises authorized by license under this Ordinance, except as specifically outlined in any subsequent management agreement entered into and approved by the Tribal Executive Committee and the Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 317, AST GAMING Section 317

 

 

 




AST GAMING Section 318
Section 318. Operating Standards

It is the policy of the Gaming Commission, the Absentee Shawnee Tribe of Oklahoma, and the State of Oklahoma to require that all establishments, wherein gaming is conducted within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma, be operated in a manner suitable to protect the public health, safety, morals, good order, and general welfare of the inhabitants under within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma. Responsibility for the employment and maintenance of suitable methods of operation rests with the gaming facility management and willful and persistent use of toleration of unsuitable methods of operation will constitute grounds for license revocation or other disciplinary actions.

Absentee Shawnee Gaming Ordinance Section 318, AST GAMING Section 318

 

 

 




AST GAMING Section 319
Section 319. Deleted

Rules and requirements for handling monetary transactions in all gaming activities are detailed in the Tribal MICS, the State-Tribal Gaming Compact, in gaming commission and gaming facility policies and procedures manual, and in Title 31, Bank Secrecy Act, instructions on handling cash transactions.

Absentee Shawnee Gaming Ordinance Section 319, AST GAMING Section 319

 

 

 




AST GAMING Section 320
Section 320. Site Certification

All establishments, wherein gaming operations are to be conducted, must be certified as safe by the Gaming Commission prior to the issuance of a license. All alterations or modifications must be approved by the Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 320, AST GAMING Section 320

 

 

 




AST GAMING Section 321
Section 321. Open Inspections

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 Gaming Commission. At any time during which a licensed gaming or related administrative activity is being conducted on a premises, the Gaming Commission or any authorized representative of the Gaming Commission may enter upon the premises without advance notice and:

A. 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;

B. Inspect any other records, accounts or other related information of the licensee, or of any member who directly participates in the management, operation, or promotion of a licensed activity; or of any employee of the licensee; or of any operator of the licensed activity;

C. 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.

D. When the Gaming Commission finds cause to believe that there is a reasonable probability that the provisions of this Ordinance, including any amendments thereto or any of the rules passed by the Gaming Commission have been or are being violated by gaming facility management or its employees or operators, they may move to another location or locations for further inspection or investigation of any and all records and any and all equipment, part thereof, devices, or thing(s) of any nature located upon the premises related to the operation of the licensed activity or any other gaming activity. A receipt shall be issued to the employee or operator of the activity which shall list and describe each record, that piece of equipment or part thereof, device, or thing(s) which has been removed from the premises. Each such record, piece of equipment, part thereof, or thing(s) so removed shall be returned to the premises 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 unless the Gaming Commission determines that the record, equipment, devices, or thing(s) so removed are necessary for an ongoing investigation and/or evidence of possible violations of this Ordinance or rules of the Gaming Commission by gaming facility management, by employers or by operators of the licensed activity, or for possible forfeiture under Title II hereof with the Gaming Commission so notifying the licensee of the reasons said property or thing(s) are to be so held.

Absentee Shawnee Gaming Ordinance Section 321, AST GAMING Section 321

 

 

 




AST GAMING Section 322
Section 322. Repealed

Absentee Shawnee Gaming Ordinance Section 322, AST GAMING Section 322

 

 

 




AST GAMING Section 323
Section 323. Firearms Prohibition

No firearms, air guns which are capable of discharging dangerous projectiles or gases, including but not limited to “B.B.'s” or C02 guns, rifles, shotguns, pistols, or revolvers shall be allowed on the premises, except as permitted by regulation of the Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 323, AST GAMING Section 323

 

 

 




AST GAMING Section 324
Section 324. Credit Policy

No gaming facility management or any of its employees, or any operator conducting or in any way participating in the conducting of any of the activities, which are authorized by this Ordinance or by the Gaming Commission's Policies and Procedures, 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.

Absentee Shawnee Gaming Ordinance Section 324, AST GAMING Section 324

 

 

 




AST GAMING Section 325
Section 325. Fraud Policy

No person involved in the operation of any activity authorized by this Ordinance or a rule of the Gaming Commission 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.

Absentee Shawnee Gaming Ordinance Section 325, AST GAMING Section 325

 

 

 




AST GAMING Section 326
Section 326. Rules Documentation

Each gaming facility shall obtain, maintain, and keep current a copy of the Gaming Ordinance, the Absentee Shawnee Tribe Minimum Internal Control Standards, and all other rules of the Gaming Commission, and any amendments, which shall be located upon the premises used for the conduct of a licensed activity by a gaming facility during all times the activity is there conducted. The rules shall be produced by the gaming facility management and shown to any person upon demand. The fact that the gaming facility may not have a current copy of each of the rules of the Gaming Commission shall not in any way diminish the facility's obligation to abide these rules.

Absentee Shawnee Gaming Ordinance Section 326, AST GAMING Section 326

 

 

 




AST GAMING Section 327
Section 327. Deleted

Rules and gaming procedures are found in the Tribal MICS and in gaming facility policies and procedures.

Absentee Shawnee Gaming Ordinance Section 327, AST GAMING Section 327

 

 

 




AST GAMING Section 328
Section 328. Territorial Restrictions

No manufacturer or distributor shall make or have an agreement or understanding with any gaming facility that either of them shall be restricted in the operation of 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 Absentee Shawnee Tribe gaming facility. Provided, that this shall not prevent a distributor or manufacturer form assigning sales territories among its bona fide representatives.

Absentee Shawnee Gaming Ordinance Section 328, AST GAMING Section 328

 

 

 




AST GAMING Section 329
Section 329. Manufacturer/Distributor Information

Gaming facility management shall be responsible to insure that the name and address of each manufacturer and each distributor, selling or distributing equipment, or other things used, directly or indirectly, in any Absentee Shawnee Tribe gaming facility, is filed with the Gaming Commission. All said manufacturers or distributors must be listed with the Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 329, AST GAMING Section 329

 

 

 




AST GAMING Section 330
Section 330. Deleted

Rules and gaming procedures are found in the Tribal MICS and in gaming facility policies and procedures.

Absentee Shawnee Gaming Ordinance Section 330, AST GAMING Section 330

 

 

 




AST GAMING Section 331
Section 331. Progressive Payouts

All gaming facilities conducting games with a progressive payout feature will provide the Gaming Commission, 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 Gaming Commission.

Absentee Shawnee Gaming Ordinance Section 331, AST GAMING Section 331

 

 

 




AST GAMING Section 332
Section 332. Employees

All employees must be listed with and licensed by the Gaming Commission. Such lists are to be kept current.

Absentee Shawnee Gaming Ordinance Section 332, AST GAMING Section 332