2020 Oklahoma Statutes
Title 3A. Amusements and Sports
§3A-280.1. Non-house-banked table games supplement.
A. Pursuant to the offer of the Model Tribal Gaming Compact found in Section 280 of Title 3A of the Oklahoma Statutes and the definition of "covered games" in the Model Tribal Gaming Compact codified in Section 281 of Title 3A of the Oklahoma Statutes, which said codified compact offer provides the state may approve additional forms of covered games under said compact by amendment of the State-Tribal Gaming Act, and a compacting tribe may operate such additional forms of covered games by written supplement to an existing compact, the state hereby approves, subject to the provisions of this section, an additional game offering as follows:
"Non-house-banked table games" means any table game, including but not limited to those table games involving a wheel, ball or dice, operated in a nonelectronic environment in which the tribe has no interest in the outcome of the game, including games played in tournament formats and games in which the tribe collects a fee from the player for participating, and all bets are placed in a common pool or pot from which all player winnings, prizes and direct costs are paid. As provided in this section, administrative fees may be charged by the tribe against any common pool or pot in an amount equal to any fee paid the state; provided, that the tribe may seed any pool or pot as it determines necessary from time to time.
B. Should a tribe that has compacted with the state in accordance with Sections 280 and 281 of Title 3A of the Oklahoma Statutes, elect to accept this offer of an additional covered game and, accordingly, to operate non-house-banked table games under the terms of its existing gaming compact with the state, said tribe shall execute a supplement to said compact, to provide as follows:
MODEL TRIBAL GAMING COMPACT SUPPLEMENT
Between the [Name of Tribe]
and the STATE OF OKLAHOMA
To be governed in accord with the [Name of Tribe]'s State-Tribal Gaming Compact ("Compact"), approved by the United States Department of the Interior on [Date], the [Name of Tribe] ("Tribe") accepts the State's offer of additional covered game codified in Section 280.1 of Title 3A of the Oklahoma Statutes, which offer and this acceptance are subject to the following terms:
Part 1. TITLE
This document shall be referred to as the "[Name of Tribe] and State of Oklahoma Gaming Compact Non-house-Banked Table Games Supplement ("Gaming Compact Supplement").
Part 2. TERMS
A. The Tribe hereby memorializes its election to accept the State's offer of an additional covered game, which offer is codified in Section 280.1 of Title 3A of the Oklahoma Statutes.
B. The Tribe agrees, subject to the enforcement and exclusivity provisions of its Compact, to pay to the State ten percent (10%) of the monthly net win of the common pool(s) or pot(s) from which prizes are paid for non-house-banked table games. The Tribe is entitled to keep an amount equal to State payments from the common pool(s) or pot(s) as part of its cost of operating the games. For all purposes, such payment shall be deemed an exclusivity and fee payment under paragraph 2 of subsection A of Part 11 of the State-Tribal Gaming Compact between the electing Tribe and the State.
C. The Tribe's operation of non-house-banked table games pursuant to this supplement shall, for all purposes, including enforcement and exclusivity, be treated as subject to and lawfully conducted under the terms and provisions of the Compact.
Part 3. AUTHORITY TO EXECUTE
This Gaming Compact Supplement, to the extent it conforms with Section 280.1 of Title 3A of the Oklahoma Statutes, is deemed approved by the State of Oklahoma. No further action of the State or any state official is necessary for this Gaming Compact Supplement to take effect upon approval by the Secretary of the United States Department of the Interior and publication in the Federal Register. The undersigned tribal official(s) represents that he or she is duly authorized and has the authority to execute this Gaming Compact Supplement on behalf of the Tribe for whom he or she is signing.
APPROVED:
[Name of Tribe]
________________________Date: __________
[Title]
C. A tribe electing to accept this additional game offering is responsible for submitting a copy of the executed supplement to the Secretary of the United States Department of the Interior for approval and publication in the Federal Register.
D. Upon approval of a supplement by the Secretary of the United States Department of the Interior, said supplement shall be construed as an acceptance of this offer and a supplement to the tribe's existing State-Tribal Gaming Compact with the state. Thereafter, non-house-banked table games shall be deemed a covered game pursuant to said Compact.
E. Upon approval of a supplement by the Secretary of the United States Department of the Interior and subject to the enforcement and exclusivity provisions of its existing State-Tribal Gaming Compact with the state, the electing tribe shall be deemed pursuant to such supplement to be in agreement to pay ten percent (10%) of the monthly net win of the common pool(s) or pot(s) from which prizes are paid for non-house-banked table games. The tribe shall be entitled to keep an amount equal to state payments from the common pool(s) or pot(s) as part of its cost of operating the games. For all purposes, such payment shall be deemed an exclusivity and fee payment under paragraph 2 of subsection A of Part 11 of the State-Tribal Gaming Compact between the electing tribe and the state.
F. The offer contained in this section shall not be construed to permit the operation of any additional form of gaming by organization licensees or permitting any additional electronic or machine gaming within Oklahoma.
G. Notwithstanding the provisions of Sections 941 through 988 of Title 21 of the Oklahoma Statutes, the conducting of and participation in any game authorized pursuant to this section are lawful when played pursuant to a compact supplement which has become effective in accordance with this section.
Added by Laws 2018, c. 11, § 2.
