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Last amended: 1988
The Cheyenne-Arapaho Tribes of Oklahoma hereby promulgates and enacts the following
Cheyenne-Arapaho Tribal Bingo Ordinance:
SECTION 1: Title. This ordinance shall be cited
as the "Cheyenne-Arapaho Tribal Bingo Ordinance."
SECTION 2: The Cheyenne-Arapaho Business Committee finds as follows:
a. The Cheyenne-Arapaho Tribes of Oklahoma has the inherent sovereign power to form its own government, administer its own land, and regulate the use of land within the Cheyenne-Arapaho Indian Reservation;
b. The Cheyenne-Arapaho Tribes of Oklahoma is a federally recognized Indian tribe organized with a Constitution and Bylaws approved by the Secretary of the Interior;
c. The Cheyenne-Arapaho Business Committee is the duly elected representative body of the Cheyenne-Arapaho Tribes of Oklahoma empowered to act in the responsibilities outlined in Article IV, Section 2 through 5, including the duty of protecting the health, security, and general welfare of the Cheyenne-Arapaho Tribes of Oklahoma; and
d. The Cheyenne-Arapaho Business Committee deems it essential to the health, security, and general welfare of the Cheyenne-Arapaho Tribes of Oklahoma to enact a comprehensive Bingo Ordinance regulating the conduct of bingo on the Cheyenne-Arapaho Reservation.
SECTION 3: Purpose. The purpose of this ordinance
is to regulate and control the operation of bingo on the Cheyenne-Arapaho Reservation.
SECTION 4: Definitions.
a. "Bingo" is a game in which:
(1) The winner or winners are determined by a random drawing of a subset of numbered objects from among a total set of seventy-five numbered objects, consecutively numbered from one to seventy-five;
(2) The card or cards held by players are sold or rented to the players, and each card contains five rows of five spaces each, each space being numbered with a number between one and seventy-five, inclusive, except the center space which is marked "FREE"; and
(3) The term "bingo" also includes the games of pull-tabs; paper specials; u-pick-um numbers; pingo; or any other practice that is generally accepted by the bingo industry.
b. "Gross profits" are the total receipts from the operation of bingo games including, among other things, admission fees, proceeds from the sale or rental of bingo cards, sale of food and drink and similar items.
c. "Net profits" means the total gross receipts from the operation of bingo games, as defined above, less all reasonable sums actually expended for bingo supplies, equipment, prizes, facilities, security services, license fees, taxes, rent, employees and other personal services, including management fees, or other reasonable operating expenses which are set forth in any management contract.
d. "Tribal Communities" shall include all Cheyenne Arapaho communities, non-profit tribal groups and organizations, and individual tribal members which are subject to the jurisdiction of the Tribes.
e. "Corporation" means the Cheyenne-Arapaho Tribal Development Corporation.
SECTION 5. Operation of Bingo. No bingo operations shall
be conducted within the jurisdiction of the Cheyenne Arapaho Tribes, except
as may be conducted by the Cheyenne Arapaho Tribal Development Corporation in
accordance with this ordinance and other applicable tribal law.
SECTION 6. Exemption. Tribal Communities shall be exempt
from the provisions of this ordinance, provided that, such communities
are prohibited from entering into agreements with individuals, firms or businesses
for the operation or management of any bingo game.
SECTION 7. Conduct of Bingo Operations.
a. The bingo operations may rent, or sell, any number of cards to players at any bingo operation. Each card in use at any bingo operation shall differ from all others in use with respect to the distribution of playing numbers.
b. The conduct of each game shall be conducted so that each player has an equal opportunity to win. The method of winning and the prize or prizes for each game shall be clearly announced before each game commences. The winner, or winners, of each game shall be verified in the manner that all present may hear.
c. All numbers shall be randomly selected from a machine, mechanically operated cage or by any other practice that is generally accepted by the bingo industry.
d. All bingo cards eligible to win the same prize shall be purchased at a uniform price announced before the start of the game. The price of the cards may differ for different games, and the price for cards used in the same game may differ if the higher priced cards carry a prize of greater value.
e. No employees of the bingo operation and persons operating concessions during the conduct of the bingo operation shall play bingo.
SECTION 8. Minors. No person under the age of 16
years shall be permitted to play bingo. Persons between the ages of 14-16 may
play bingo if accompanied by an adult. Children under the age of 10 years shall
not be admitted.
SECTION 9. Prohibition of Intoxicating Beverages or Drugs.
No intoxicating beverages or drugs of any kind shall be permitted in any building
during the time such building is used for a bingo operation. Non-alcoholic drinks
may be sold and consumed within any building being used for bingo playing. No
person under the influence of intoxicants or drugs shall be admitted or be permitted
to engage in any bingo game nor to remain in the building where bingo is being
conducted.
SECTION 10. Records. The Corporation shall keep
and maintain records showing the gross receipts and the net profits stated in
Section 4, supra, and copies of such records shall be submitted to the
Business Committee or tribal business manager monthly.
SECTION 11. Preferences for Cheyenne-Arapaho Tribal Members as
Employees. Pursuant to Article III, Section 6 of the Cheyenne-Arapaho
Constitution, the Corporation shall employ qualified Cheyenne-Arapaho members
in preference to other equally qualified applicants for work, but this provision
shall not be construed to restrict the power of the Corporation to terminate
the employment of members who are deemed unqualified or otherwise undesirable
employees.
SECTION 12. Bonding. All employees of the bingo operation
engaged in the handling of cash at the bingo operations shall be required to
obtain a surety bond, the amount to be determined by the Corporation.
SECTION 13. Use of Net Profits. All net profits, as defined
in Section 4 of this ordinance shall be disbursed in the manner and by the Corporation
for the purposes specified in the Articles of Incorporation of the Corporation.
SECTION 14. Bingo Account. There shall be one account designated
as the bingo account established by the Corporation. All receipts derived from
bingo shall be deposited into the bingo account. The account shall be maintained
in a financial institution located in the State of Oklahoma. Receipts derived
from the conduct of bingo shall not be co-mingled with any other funds. The
Business Committee shall approve the bank in which the bingo account is established.
SECTION 15. Penalties. Any tribal community, organization
or person who willfully and knowingly violates any provision of this ordinance
is subject to a fine not to exceed five hundred dollars ($500) for each violation
for each day the violation continues.
SECTION 16. Severability. If any part of this ordinance
is held invalid, the remainder of the ordinance or its application to other
situations or persons shall not be affected.
INTRODUCED, READ, AND PASSED THIS ,
DAY OF
, 1983.
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Chairperson Cheyenne-Arapaho Business Committee |
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ATTEST:
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