According to recent CNGC reports, the commission issues vendor licenses to 275 companies and 1,238 individuals, plus 2,229 key employees, 1,089 primary management officials and 1,297 non-gaming employees—those involved in food, beverage, hotel and entertainment–throughout all CN gaming properties.
Hummingbird said the CNGC must look at “every single job description that is utilized for these operational, or non-gaming, positions to determine whether or not they having any association with the gaming facility or the gaming activities. If there are, then those are the ones that we will be saying ‘this one we will require a license.’ If there is no relationship there then they will probably fall outside,” he said.
The Cherokee Nation Gaming Commission may not regulate or license non-gaming vendors and non-gaming employees at Cherokee Nation casinos, a recent ruling by Oklahoma Attorney General Todd Hembree stated. Hembree said that CNGC “regulations exceed or conflict with the requirements of the Cherokee Nation, state of Oklahoma gaming compact and National Indian Gaming Commission regulations and federal statutes.”
CNGC Director Jamie Hummingbird said the CNGC was “reviewing the recent opinion of the attorney general.” He added, “One of the questions that come as a result of that obviously is who is going to be considered a gaming employee, who’s going to be considered a gaming vendor. So we will have to dive into those and dissect that meaning and figure out exactly who should fall on which side of the coin in terms of being licensed or not having to be licensed. We will be reviewing that and also getting guidance from the Attorney General’s Office to guide us along the way.”
According to recent CNGC reports, the commission issues vendor licenses to 275 companies and 1,238 individuals, plus 2,229 key employees, 1,089 primary management officials and 1,297 non-gaming employees—those involved in food, beverage, hotel and entertainment–throughout all CN gaming properties.
Hummingbird said the CNGC must look at “every single job description that is utilized for these operational, or non-gaming, positions to determine whether or not they having any association with the gaming facility or the gaming activities. If there are, then those are the ones that we will be saying ‘this one we will require a license.’ If there is no relationship there then they will probably fall outside,” he said.
Hembree’s opinion further noted that “the compact only requires licensing of the following: any person or entity who provides through sale, lease, rental or otherwise covered games, or parts, maintenance or service in connection therewith to the tribe or the enterprise at any time and in any amount, those vendors who are ‘gaming related’ and meet the $25,000 threshold and covered game employees. The compact does not mention the licensing of non-gaming employees. Based on the state’s opinion of its inability to require the licensing of non-gaming vendors, it is likely the state would take the same position on non-gaming employees.”
NIGC regulations do not require any type of vendor licensing but do require licensing of key employees and primary management officials, which became official policy in 2013. “Since that process had been in place for a dozen years for us, plus it’s a common practice out in Indian Country, not just Oklahoma, but across the rest of the United States, I don’t think there’s maybe but one tribe here in Oklahoma that doesn’t license non-gaming employees and the only reason that is, is because the size of their facilities. Now with the new ordinance, and as the opinion is brought forward, that is not something that was intended as part of the new ordinance. What we are going to be doing now is adjusting to that.”
