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Cheyenne-Arapaho Tribes of Oklahoma [Law and Order Code]

Last amended: 1988

TRIBAL BINGO ORDINANCE NO _______

AN ORDINANCE REGULATING THE OPERATION OF BINGO ON LANDS WITHIN THE JURISDICTION OF THE CHEYENNE ARAPAHO TRIBES OF OKLAHOMA


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.

 

                                                                          
Chairperson
Cheyenne-Arapaho Business Committee

ATTEST:

                                                                       
Secretary-Treasurer
Cheyenne-Arapaho Business Committee

 
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