§ 37. Vendor licensing
Cite as: 4 CNCA § 37
A. All gaming and non-gaming vendors as defined in 4 CNCA § 4 are required to apply for and obtain a vendor license from the Gaming Commission prior to conducting business with any gaming facility, unless exempted under subsection (B) of this section.
B. The requirement in subsection (A) above does not apply to the following vendor categories:
1. Tribal, local, state, or federal governments and associated agencies;
2. Cherokee Nation-owned and/or chartered companies;
3. Attorneys and certified public accountants and their firms, to the extent that they provide services covered by their respective professional licenses;
4. Sponsorships or charitable organizations;
5. Public utilities;
6. Entertainment;
7. Insurance companies;
8. Travel companies;
9. Fleet service providers;
10. Any person that qualifies for an exemption under the terms of any tribal-state compact to which the Nation may be a party; or
11. Any person otherwise specifically excluded by the Gaming Commission based on circumstances unique to that vendor or vendor category as determined by the Gaming Commission.
C. The Gaming Commission shall:
1. Promulgate regulations for the vendor licensing application, background investigation, and licensing process, which shall be in conformity with the terms of any tribal-state compact to which the Nation may be a party;
2. Promulgate regulations that provide two tiers of licensure. The first tier shall cover non-gaming vendors, and the second tier shall cover gaming vendors;
3. Promulgate regulations that provide for due process for all license actions taken against a vendor and/or for any sanctions or fines levied against a vendor for violations of the Cherokee Nation gaming ordinance, Gaming Commission rules and regulations, the IGRA, NIGC rules and regulations, or any provision of any tribal-state compact to which the Nation may be a party;
4. Promulgate fee schedules applicable to gaming and non-gaming vendor licenses, provided the non-gaming vendors shall be assessed a fee not to exceed the cost of the required background check;
5. Require vendor agreements and/or contracts over Twenty-Five Thousand Dollars ($25,000.00) to be included in the annual external audit.
Historical Data
LA 26–10, eff. September 13, 2010. Amended LA 10–11, eff. June 19, 2011; LA 07–14, eff. April 24, 2014; LA 17–14, eff. July 18, 2014.
Derivation
LA 30–89.
LA 01–94.
Former 4 CNCA § 12.