Okla. Stat. tit. 3A, § 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

ORITY 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.