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March 11, 2022

VIA E-MAIL

William Jones, Jr., Chairman

Lummi Indian Business Council

2665 Kwina Road

Bellingham, WA 98226

Re: Gaming Ordinance Amendment

Dear Chairman Jones:

This letter responds to your request for the National Indian Gaming Commission 

Chairman to review and approve the Lummi Tribe of the Lummi Reservation’s Gaming 

Ordinance Amendment. The Lummi Indian Business Council adopted a new Gaming Ordinance 

on February 1, 2022 with Resolution #2022-033. 

Thank you for bringing the gaming ordinance to our attention and for providing us with a 

copy. The ordinance is approved as it is consistent with the Indian Gaming Regulatory Act and 

NIGC regulations. 

If you have any questions, please contact Senior Attorney Esther Dittler at 202-853-7511.

Sincerely,

E. Sequoyah Simermeyer

Chairman

Cc: Grett Hurley, Staff Attorney, Lummi Indian Business Council
LOMMI INDIAN B(ISINESS COUNCIL 

2665 KWINA ROAD• BELLINGHAM, WASHINGTON 98226• (360) 312-2000 

RESOLUTION #2022-033 OF THE LUMMI INDIAN BUSINESS COUNCIL 

TITLE: Certification of General Council Approval of Amendments to Title 23 (Gaming 

Ordinance) of the Lummi Code of Laws 

WHEREAS, the Lummi Indian Business Council (LIBC) is the duly constituted governing body 

of the Lummi Nation by the authority of the Constitution and Bylaws, as amended, of the Lummi 

Tribe of the Lummi Reservation, Washington (Constitution); and 

WHEREAS, pursuant to Article VI, Section 1 of the Constitution, the LIBC has the power to 

administer all tribal property and assets, to collect and expend tribal funds, to levy and assess 

nonmembers doing business or obtaining special privileges and to safeguard and promote the 

peace, safety, morals, and general welfare of the Lummi Reservation; and 

WHEREAS, pursuant to Article VI, Section 1 (k) and (1), the LIBC has the power to promulgate 

and enforce ordinances governing the conduct of members of the Lummi Nation and nonmembers, 

which shall be subject to the approval of the Lummi Nation General Council (GC); and 

WHEREAS, it is the mission of the LIBC "To Preserve, Promote and Protect our Sche Lang en" 

(LIBC Resolution #2012-025); and 

WHEREAS, pursuant to LIBC Resolution 2021-095, a public hearing for the proposed 

amendments to Title 23 (Gaming Ordinance) was scheduled for September 9, 2021, at 5:00 p.m. 

at the LIBC Council Chambers and the Zoom videoconference platform; and 

WHEREAS, a public hearing on the proposed amendments to Title 23 (Gaming Ordinance) was 

duly held as scheduled and the hearing examiner's report was submitted to the LIBC for review 

on September 22, 2021; and 

WHEREAS, pursuant to LIBC Resolution 2021-145, the LIBC scheduled a Special General 

Council Meeting for December 15, 2021 at 5:00pm in the Wexliem Community Building to 

consider whether to approve the amendments to Title 23 (Gaming Ordinance) of the Lummi Code 

of Laws; and 

WHEREAS, because of the COVID-19 pandemic and under the direction of Lummi Public 

Health, the Special General Council Meeting would not be in person at the Wexliem Community 

Building, but conducted through the Zoom videoconference platform from the Council Chambers 

in the Administration Building; and 

WHEREAS, the meeting was duly held on December 15, 2021, a quorum was certified by the 

Lummi Nation Enrollment Office and the General Council voted to approve the amendments to 

Title 23 (Gaming Ordinance); and 

Resolution 2022-033 Page 1 of 3 
WHEREAS, pursuant to Article 6, Section 6.14 of the Loan Agreement dated March 16, 2020, 

between the Lummi Nation and Wells Fargo Bank National Association, the Lummi Nation must 

provide the Administrative Agent with 15 days prior notice of the amendments to Title 23 (Gaming 

Ordinance) before they become effective; and 

WHEREAS, pursuant to 25 C.F .R. § 522, within 15 days after adoption, a copy of the amendments 

to Title 23 (Gaming Ordinance) must be submitted to the Chairman of the National Indian Gaming 

Commission for final approval. 

NOW, THEREFORE BE IT RESOLVED, the LIBC hereby approves and adopts the 

amendments to Title 23 (Gaming Ordinance) of the Lummi Code of Laws in substantially the same 

form as approved by the General Council (attached as Exhibit A); and 

BE IT FURTHER RESOLVED the Office of the Reservation Attorney shall provide a copy of 

the newly amended Title 23 (Gaming Ordinance) to the Administrative Agent of the Wells Fargo 

Loan Agreement; and 

BE IT FURTHER RESOLVED, the Office of the Reservation Attorney shall provide a copy of 

this resolution and the newly amended Title 23 (Gaming Ordinance), to the Chairman of the 

National Indian Gaming Commission for final approval of Title 23 (Gaming Ordinance); and 

BE IT FURTHER RESOLVED, Title 23 (Gaming Ordinance) shall become effective on the date 

that the Chairman of the National Indian Gaming Commission issues its final notice of approval 

to the LIBC or 15 days after notice has been provided to the Wells Fargo Administrative Agent, 

whichever date is later; and 

BE IT FURTHER RESOLVED, upon Title 23 (Gaming Ordinance) becoming effective, the 

Office of the Reservation Attorney shall present Title 23 (Gaming Ordinance) to the Law and 

Justice Commission to undertake the review process described in Resolution # 97-134 and then 

submit Title 23 (Gaming Ordinance) and supporting documentation to the Lummi Records and 

Archive Department for certification and inclusion in the Lummi Code of Laws; and 

BE IT FINALLY RESOLVED, that the Chairman (or Vice Chair in his absence) is hereby 

authorized and directed to execute this resolution and any documents connected therewith, and the 

Secretary (or the Recording Secretary in his absence) is authorized and directed to execute the 

following certification. 

LUMMI NATION 

Wit~*., Jtbr::Q 

Lummi Indian Business Council 

Resolution 2022-033 Page 2 of 3 
CERTIFICATION 

As Secretary of the Lummi Indian Business Council, I hereby certify that the above 

Resolution #2022-033 was adopted at a Regular/Special Meeting of the Council held on the 1st 

day of February, 2022, at which time a quorum of2 was present by a vote of~ for, Q against, and 

Q abstention(s). 

Resolution 2022-033 

Nickolaus Lewis, Sec~~M 

Lummi Indian Business Council 

" 

J 

Page 3 of 3 
Exhibit A 

Title 23 (Gaming Ordinance) 

General Updates 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

i

TITLE 23

LUMMI NATION CODE OF LAWS

GAMING ORDINANCE

Enacted: Resolution 82-97 (10/5/82)

Resolution 94-136 (8/23/94) (Enacts new code and repeals previous)

Amended: Resolution 83-112 (12/3/83)

Resolution 84-28 (4/6/84)

Resolution 86-66 (6/3/86)

Resolution 86-92 (8/14/86)

Resolution 90-96 (7/19/90)

Resolution 92-09 (2/4/92)

Resolution 92-14 (2/4/92)

Resolution 93-17 (2/9/93)

Resolution 93-55 (4/15/93)

Resolution 93-169 (10/26/93)

Resolution 2002-037, Emergency Adoption (3/5/02)

Resolution 2002-050 (4/1/02)
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

i

TITLE 23

LUMMI NATION CODE OF LAWS

GAMING ORDINANCE

Table of Contents

Chapter 23.01 Policy and Purpose

23.01.010 Legislative Findings and Declaration of Policy .........................................................1

23.01.020 Applicability...............................................................................................................1

Chapter 23.02 Definitions

23.02.010 Definitions.................................................................................................................1

Chapter 23.03 Regulation of Gambling Activities

23.03.010 Gambling Prohibited Except as Authorized...............................................................4

23.03.020 Authorized Gambling Activities ................................................................................4

23.03.030 Ownership of Gaming ................................................................................................5

Chapter 23.04 Gaming Revenues

23.04.010 Use of Gaming Revenue ............................................................................................5

23.04.020 Audit...........................................................................................................................6

23.04.030 Protection of the Environment and Public Health and Safety....................................6

Chapter 23.05 Gaming Commission

23.05.010 Lummi Tribal Gaming Commission Created.............................................................6

23.05.020 Authority of the LTGC...............................................................................................7

23.05.030 Designation of an Agent by a Tribe ...........................................................................8

Chapter 23.06 Employment

23.06.010 Licenses For Key Employees, Primary Management Officials, and Standard 

Employees..................................................................................................................8

23.06.020 Application Forms......................................................................................................8

23.06.030 Background Investigations.........................................................................................9

23.06.040 Fingerprinting.............................................................................................................10

23.06.050 Eligibility Determination............................................................................................10

23.06.060 Investigative Reports – Key Employees and Primary Management Officials...........10

23.06.070 Notice of Results of Background Investigations – Key Employees and Primary 

Management Officials................................................................................................11

23.06.080 Granting a Gaming License........................................................................................11

23.06.090 Gaming License Suspensions and Revocations for Key Employees and 

Primary Management Officials..................................................................................12
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

ii

23.06.100 Gaming License Suspensions and Revocations for Standard Employees.................12

Chapter 23.07 Gaming Facilities

23.07.010 Licensing of Gaming Places, Facilities, and Locations .............................................13

23.07.020 Days and Times of Operation and Wager Limits.......................................................13

Chapter 23.08 Miscellaneous Rules and Regulations

23.08.010 Minors Prohibited – Age Limit..................................................................................13

23.08.020 Miscellaneous Gaming Regulations...........................................................................13

Chapter 23.09 Customers

23.09.010 Gaming Disputes........................................................................................................14

23.09.020 Cash Handling Disputes.............................................................................................15

23.09.030 Disruptive Guest.........................................................................................................15

23.09.040 Criminal Behavior......................................................................................................15

23.09.050 Gaming Facility Exclusions (Barring) .......................................................................16

Chapter 23.10 General Provisions

23.10.010 Construction ...............................................................................................................16

23.10.020 Severability.................................................................................................................16

23.10.030 Sovereign Immunity...................................................................................................16

23.10.040 Repeal ........................................................................................................................16

23.10.050 Effective Date ............................................................................................................16

23.10.060 Amendment................................................................................................................16
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

1

TITLE 23 

LUMMI NATION CODE OF LAWS

GAMING ORDINANCE

Chapter 23.01 Policy and Purpose

23.01.010 Legislative Findings and 

Declaration of Policy

The Lummi Indian Business Council (LIBC), 

the governing body of the Lummi Nation, 

hereby finds and declares that the economic, 

educational, social, health, and general 

governmental welfare of the Lummi Nation

and the Lummi people are threatened due to 

lack of adequate sources of governmental 

financing.

The LIBC further finds that governmental units 

have traditionally relied upon revenues from 

various types of gambling, including but not 

limited to, lotteries, horse racing, card games, 

bingo, punch boards, and pull tabs to support 

necessary governmental services. 

The LIBC further finds and declares that the 

existence of unregulated gambling activities 

within a given area may be an inducement to 

criminal activity. 

In light of these findings, the LIBC declares 

that strict tribal control over all gambling 

operations and activities on Tribal lands is both 

necessary and desirable to minimize the 

potential adverse effects of gambling on Tribal

lands and its people and to maximize the 

production of governmental revenues for the 

benefit of the Lummi Nation and its people.

23.01.020 Applicability

Unless specifically indicated otherwise, all 

provisions of this Ordinance shall apply to 

Class II and Class III gaming on the Tribal 

lands. Class I gaming on Tribal lands is not 

subject to the provisions of the Indian Gaming 

Regulatory Act or this Ordinance. 

Chapter 23.02 Definitions

23.02.010 Definitions

As used in this Ordinance, the following terms 

shall have the following meaning unless the 

context clearly requires otherwise:

(a) “Blackjack” shall mean the card game 

commonly known as blackjack or 21 in which 

the participants endeavor to draw or receive 

cards totaling not more than 21 points based 

upon values assigned to the face of the cards.

(b) “Class I gaming” shall mean:

 

(1) Social games played solely for prizes 

of minimal value; or

(2) Traditional forms of Indian gaming 

when played by individuals in connection 

with tribal ceremonies, celebrations or 

gatherings and not as a business. 

Traditional Lummi forms of Lummi 

gaming include but are not limited’ to SlaHal, also known as bone games or stick 

games.

(c) “Class II gaming” shall mean:

(1) Bingo or lotto (whether or not 

electronic, computer or other technologic 

aids are used) when players:

(A) Play for prizes with cards bearing 

numbers or other designations;

(B) Cover numbers or designations 

when objects, similarly numbered or 

designated, are drawn or electronically 

determined; and

(C) Win the game by being the first 

person to cover a designated pattern on 

such cards;

(2) Pull-tabs, punch boards, tip jars, instant 

bingo and other games similar to bingo, if 

played in the same location as bingo or 

lotto;

(3) Non-banking card games that:

(A) State law explicitly authorizes, or 

does not explicitly prohibit, and are 

played legally anywhere in the state; 

and
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

2

(B) Players play in conformity with 

state laws and regulations concerning 

hours, periods of operation, and 

limitations on wagers and pot sizes;

(4) Card games played in the states of 

Michigan, North Dakota, South Dakota or 

Washington, if:

(A) A tribe actually operates the same 

card games as played on or before May 

1, 1988, as determined by the National 

Indian Gaming Commission Chair; and

(B) The pot and wager limits remain the 

same as on or before May 1, 1988, as 

determined by the National Indian 

Gaming Commission Chair;

(5) Individually owned Class II gaming 

operations –

(A) That were operating on September 

1, 1986;

(B) That meet the requirements of 25 

U.S.C. § 2710(b)(4)(B);

(C) Where the nature and scope of the 

game remains as it was on October 17, 

1988; and

(D) Where the ownership interest or 

interests are the same as on October 17, 

1988.

(d) “Class III gaming” shall mean all forms of 

gaming that are not Class I or Class II gaming, 

including, but not limited to:

(1) Any house banking game, including but 

not limited to –

(A) Card games such as baccarat, 

chemin de fer, blackjack (21), and pai 

gow (if played as house-banking 

games); and

(B) Casino games such as roulette, 

craps, and keno;

(2) Any slot machines, as defined in 15 

U.S.C. § 1171(a)(1), and electronic or 

electromechanical facsimiles of any game 

of chance;

(3) Any sports wagering and pari-mutuel 

wagering, including but not limited to, 

wagering on horse racing, dog racing or jai 

alai; or

(4) Lotteries. 

(e) “Contractor” shall mean and refer to any 

management contractor employed by the 

Nation to operate any gaming operation 

authorized by this Ordinance.

(f) “Facility license” shall mean a separate 

license issued by the Nation to each place, 

facility or location on Tribal lands where the 

Nation elects to allow class II or class III 

gaming. 

(g) “Gambling” shall mean engaging in an 

activity whereby a person stakes or risks 

something of value upon the outcome of 

chance or a future contingent event not under 

their control or influence, upon an agreement 

or understanding that they or someone else will 

receive something of value in the event of a 

certain outcome.

(h) “Gaming operation” shall mean each 

economic entity that is licensed by the Nation, 

operates the games, receives the revenues, 

issues the prizes, and pays the expenses. A 

gaming operation may be operated by the 

Nation directly; by a management contractor; 

or, under certain conditions, by another person 

or entity. 

(i) “Key employee” means person who 

performs one or more of the following 

functions:

(1) Bingo Caller;

(2) Counting room supervisor;

(3) Chief of Security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

3

(7) Dealer;

(8) Croupier;

(9) Approver of credit;

(10) Custodian of gambling devices 

including persons with access to cash and 

accounting records within such devices;

(11) If not otherwise included, any other 

person whose total cash compensation is in 

excess of fifty thousand dollars ($50,000) 

per year;

(12) If not otherwise included, the four most 

highly compensated persons in the gaming 

operation; or 

(13) Any other person designated by the 

LTGC as a key employee.

(j) “LIBC” means the Lummi Indian Business 

Council, the duly constituted governing body 

of the Lummi Nation by the Authority of the 

Constitution and Bylaws, as amended, of the 

Lummi Tribe of the Lummi Reservation, 

Washington.

(k) “Licensee” shall mean any person or entity 

who has been issued a valid and current license 

pursuant to the provisions of this Ordinance. 

(l) “LTGC” shall mean the Lummi Tribal 

Gaming Commission.

(m) “Nation” shall mean the Lummi Nation, a 

federally recognized Indian Tribe in the United 

States, also listed in the Federal Register as the 

Lummi Tribe of the Lummi Reservation.

(n) “Net revenues” shall mean gross gaming 

revenues of a gaming operation less: 

(1) Amounts paid out as, or paid for, prizes;

and 

(2) Total gaming-related operating 

expenses, including all those expenses of 

the gaming operation commonly known as 

operating expenses and non-operating 

expenses consistent with professional 

accounting pronouncements, excluding 

management fees. 

(o) “Player” shall mean a person who 

participates in a Class II or Class III gaming

who is physically present on the premises 

where the Class II or Class III gaming is 

conducted, other than as an employee or 

contractor of the house.

(p) “Poker” shall mean any of the various 

round card games in which the participants 

play against each other and attempt to achieve 

the highest ranking hand according to the rules 

of that particular type of game.

(q) “Management contract” means any 

contract, subcontract or collateral agreement 

between the Nation and a contractor or between 

a contractor and a subcontractor if such 

contract or agreement provides for the 

management of all or part of a gaming 

operation. 

(r) “Primary management official” means:

(1) The person(s) having management 

responsibility for a management 

contract.

(2) Any person who has authority:

(A) To hire and fire employees; or

(B) To set up working policy for the 

gaming operation; or

(C) The chief financial officer or other 

person who has a financial 

management responsibility.

(3) Any other person designated by the 

LTGC as a primary management official. 

(s) “Standard employee” shall mean an 

employee that is not a key employee or primary 

management official. 

(t) “State” means the State of Washington.

(u) “Tribal-state compact” means the 

agreement between the Nation and the State of 

Washington regarding class III gaming under 

25 U.S.C. § 2710(d). 

(v) “Tribal lands” shall mean 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

4

(1) Land within the limits of the Lummi 

Indian Reservation; or

(2) Land over which the Nation exercises 

governmental power and that is either; 

(A)Held in trust by the United States 

for the benefit of the Nation or 

individual; or 

(B) Land held by the Nation or 

individual subject to restriction by 

the United States against 

alienation.

Chapter 23.03 Regulation of Gambling 

Activities

23.03.010 Gambling Prohibited Except 

as Authorized

Except as specifically authorized under this 

Ordinance, all gambling is prohibited within 

Tribal lands. Unauthorized gambling hereby is 

declared to be a public nuisance, and the LIBC, 

through the LTGC or other agents, shall have 

the right and power to abate the same by 

initiating a civil action in the Lummi Tribal 

Court or other court of competent jurisdiction, 

or by such other means as may be necessary 

and appropriate under the circumstances. In 

any civil action brought under this Section, the 

court shall be authorized to grant temporary, 

preliminary and/or injunctive relief, as deemed 

appropriate. All unauthorized gaming devices, 

equipment, records, receipts, and proceeds may 

be impounded at the direction of the LIBC or 

the court under Title 14 of the Lummi Code of 

Laws, and may be subject to forfeiture upon 

entry of final judgment in any such proceeding. 

The court may, in its discretion, award the 

LIBC civil damages against the operator(s) of 

any unauthorized gambling activity; said 

damages shall be presumed to be one thousand 

dollars ($1,000) per each and every violation of 

this provision. For the purpose of this Section, 

each unauthorized game constitutes a separate 

violation and a cause of action for which 

damages can be awarded.

23.03.020 Authorized Gambling 

Activities

(a) Gaming Authorized. Class II and Class III 

gaming are authorized to be conducted on 

Tribal lands, if such gaming is conducted in 

accordance with this Ordinance, the Indian 

Gaming Regulatory Act, the National Indian 

Gaming Commission’s regulations, and any

other applicable laws or regulations. 

(b) Class II and Class III Gaming Played Using 

Mobile Devices and/or the Internet. The LTGC 

may authorize the use of mobile devices and/or 

the internet to play Class II or Class III games 

on the Tribal lands provided the LTGC issues 

regulations or standards that meet the 

requirements of Subsections (c) and (d) of this 

Section, but only if such bets or wagers do not 

violate any provision of the Unlawful Internet 

Gaming Enforcement Act, 31 U.S.C. 5361 et 

seq., the Indian Gaming Regulatory Act, 25 

U.S.C. 2701 et seq., the tribal-state compact or 

any other applicable laws. 

(c) Age, Location and Data Security 

Requirements for Class II and Class III Gaming 

Played Using Mobile Devices and/or the 

Internet. Before allowing the play of a Class II 

or Class III game using mobile devices and/or 

the internet, the LTGC shall adopt standards or 

regulations to implement the following age, 

location and data security requirements which 

are intended to comply with the safe harbor 

provisions of the Unlawful Internet Gaming 

Enforcement Act, 31 U.S.C. 5361 et seq., and 

any other applicable laws:

(1) Only players who have provided their 

legal name, date of birth, address and contact 

information shall be allowed to establish an 

account for Class II or Class III gaming using 

mobile devices and/or the internet.

(2) Such information must be encrypted by 

the gaming facility or enterprise and the 

player must establish an account password or 

other authentication method approved by the 

LTGC.

(3) The player shall be required to 

authenticate his or her identity prior to 

accessing his or her account and/or placing a 

wager.

(4) The location of the player on Tribal lands 

must be verified by the gaming facility or 

enterprise prior to the first wager in the player 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

5

session using a geolocation method that 

provides the latitude and longitude 

coordinates of the player. 

(5) The location of the player must be verified 

on an ongoing basis and the player session 

must be disabled any time the gaming facility 

or enterprise is unable to verify the player is 

present on Tribal lands.

(6) The player shall be allowed to create an 

account or withdraw funds from that account, 

other than for game play only in person at the 

gaming facility or enterprise. 

(7) The LTGC shall have verification 

requirements and appropriate data security 

standards to block or prevent unauthorized 

access by any person whose age and current 

location has not been verified. 

(d) Technical Standards for Class II and Class 

III Gaming Played Using Mobile Devices 

and/or the Internet. Class II games played 

using mobile devices and/or the internet must 

comply with the requirements of 25 C.F.R. Part 

547, including any alternative standards 

adopted by the LTGC and approved by the 

Chair of the National Indian Gaming 

Commission. Class III games shall comply 

with the standards set forth in the tribal-state 

compact. 

23.03.030 Ownership of Gaming 

(a) The LIBC shall have the sole proprietary 

interest in and responsibility for the conduct of 

any gaming operation authorized by this 

Ordinance, except as expressly provided in this 

Ordinance.

(b) No person or entity, other than the LIBC, 

shall conduct gaming without first obtaining a 

license from the LTGC.

(c) The LTGC may issue a license for 

individually owned gaming so long as:

(1) The individually owned gaming 

operation is licensed and regulated 

pursuant to this Ordinance;

 (2) The income to the Nation from an 

individually owned gaming operation is 

used only for the purposes listed in § 

23.04.010 of this Ordinance; 

 (3) Not less than 60 percent of the net 

revenues of the individually owned 

gaming operation is income to the Nation; 

 

(4) The owner of the individually owned 

gaming pays an annual assessment to the 

National Indian Gaming Commission

pursuant to 25 C.F.R. § 514.1;

 (5) The LTGC applies licensing standards 

that are as least as restrictive as those 

established by the state law governing 

similar gaming; 

 

(6) The LTGC will deny a license for any 

person or entity that would not be eligible 

to receive a state license to conduct the 

same activity within the jurisdiction of the 

surrounding state. State law standards 

shall apply with respect to purpose, entity, 

pot limits, and hours of operation; and 

(7) The LTGC shall promulgate 

regulations for individually owned gaming 

licenses, subject to review and approval by 

the LIBC under its authority granted by 

Section 23.05.020 of this Ordinance.

 Chapter 23.04 Gaming Revenues

23.04.010 Use of Gaming Revenue

(a) Except as specifically authorized pursuant 

to Subsection (b) of this Section, net revenues 

from Class II and Class III gaming shall be used 

only for the following purposes:

(1) To fund the Nation’s government 

operations and programs;

(2) Provide for the general welfare of the 

Nation and its members;

(3) Promote the Nation’s economic 

development;

(4) Donate to charitable organization; or

(5) Help fund operations of local 

government agencies.

(b) If the LIBC elects to make per capita 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

6

payments to enrolled Lummi Tribal members, 

it shall authorize such payments only in 

conformity with a plan submitted to and 

approved by the Secretary of the Interior 

pursuant to 25 U.S.C §2710(b)(3), which 

includes the following:

(1) The Nation has prepared a plan to allocate 

revenues to one or more of the five uses 

authorized by § 23.04.010(a) of this 

Ordinance;

(2) The plan is approved by the Secretary of 

the Interior as adequate, particularly with 

respect to the uses described in Sections 

23.04.010(a)(1) and 23.04.010(a)(3) of 

this Ordinance;

(3) The interest of minors and other legally 

incompetent persons who are entitled to 

receive any of the per capita payments are 

protected and preserved and the per 

capita payments are distributed to the 

parents or legal guardian of such minors 

or legal incompetents in such amounts as 

may be necessary for the health, 

education, or welfare of the minor or 

other legally incompetent person; and

(4) The per capita payments are subject to 

Federal taxation and the Nation notifies 

its members of such tax liability when 

payments are made.

23.04.020 Audit

(a) The LIBC shall cause to be conducted at 

least annually an independent audit of all 

gaming operations and shall submit the 

resulting audit reports to the National Indian 

Gaming Commission, and to such other 

agencies as may be required by the terms and 

conditions of any Class III compact or other 

document authorizing Class III gaming on 

Tribal lands.

(b) Annual audits shall conform to generally 

accepted auditing standards.

(c) All gaming-related contracts that result in 

the purchase of supplies, services, or 

concessions in excess of twenty five thousand 

dollars ($25,000.00) annually, except contracts 

for professional legal and accounting services, 

shall be specifically included within the scope 

of the audit that is described in Subsection (a) 

of this .

(d) Copies of the annual audit of each licensed

gaming operation, and each audit for supplies, 

services or concessions of each gaming 

operation, shall be furnished to the National 

Indian Gaming Commission within one 

hundred twenty (120) days after the end of each 

fiscal year of the gaming operation.

23.04.030 Protection of the 

Environment and Public Health and Safety

The LIBC shall be responsible for assuring that 

the construction and maintenance of any 

gaming facilities, and the operation of gaming 

that is conducted in those facilities, is 

conducted in a manner which adequately 

protects the environment and public health and 

safety. If the LIBC determines that the 

construction or proposed operation of any such 

facility is a major action posing a substantial 

risk of significant adverse effects on the quality 

of the reservation environment, it may require 

the preparation of a detailed statement 

addressing the environmental impact of the 

proposed action, any adverse environmental 

effects which cannot be avoided should the 

proposal be implemented, alternatives to the 

proposed action, the relationship between local 

short-term uses of the reservation environment 

and the maintenance and enhancement of longterm productivity, and any irreversible and 

irretrievable commitments of resources which 

would be involved in the proposed action 

should it be implemented. In determining 

whether such a statement is required, the LIBC 

shall consider the nature and scope of the 

proposed action, any and all impacts identified 

by the applicant, any and all mitigating actions 

or proposals suggested by the applicant and the 

general state of knowledge or information 

presently existing regarding the proposal and 

its potential impacts.

Chapter 23.05 Gaming Commission

23.05.010 Lummi Tribal Gaming 

Commission Created

(a) There is hereby created the Lummi Tribal 

Gaming Commission (LTGC), which shall 

consist of five (5) persons who would 
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V.10.29.21 (GH) 

7

themselves qualify for licensing under this 

Ordinance. At any time that said LTGC should 

cease to exist or function, the LIBC shall serve 

as the LTGC, and shall promulgate and 

implement interim regulations to govern 

gaming on Tribal lands until such time as the 

LTGC is reestablished or resumes functioning 

under its own permanent regulations.

(b) The members of the LTGC shall be 

appointed by the LIBC and shall not be 

removed from office before the expiration of 

their terms of office except for misconduct, 

neglect of duties, malfeasance in office, good 

cause, or other acts that would render such 

persons unqualified for a license hereunder. 

An affirmative vote of the LIBC, taken in an 

open meeting after a duly noticed hearing at 

which the member charged with misconduct 

shall have the right to hear and present 

evidence concerning his or her removal, shall 

be required to remove a member of the LTGC. 

At the request of the member whose removal is 

at issue, the hearing may be held in executive 

session. LIBC also may elect to receive in 

executive session any evidence public 

disclosure of which might compromise any ongoing law enforcement investigation.

(c) The LIBC shall appoint a Chairperson of 

LTGC, who shall be appointed for a term of 

three (3) years. Two members of the LTGC 

shall be appointed for terms of three (3) years 

and two members shall be appointed for terms 

of two (2) years. Notwithstanding the 

foregoing, the incumbent members of the 

LTGC upon the adoption of this Ordinance

shall continue to serve according to the same 

terms and conditions under which they 

originally were appointed. The LIBC shall 

determine and authorize the compensation to 

be paid to members of the LTGC based upon 

the LIBC’s determination of the time required 

to be expended upon LTGC duties and the 

qualifications of the appointed Commissioners.

(d) Officers of the LTGC, Quorum and 

Meetings.

(1) Annually, upon the appointment of the 

Chairperson and Commissioners by the

LIBC, the LTGC shall designate a ViceChairperson and Secretary.

(A) The Chairperson shall preside over 

all meetings of the LTGC, perform all 

duties of a Chairperson and exercise any 

authority delegated to them by the 

LTGC;

(B) The Vice-Chairperson shall assist 

the Chairperson when called upon to do 

so; and in the absence of the 

Chairperson, preside and, while so 

presiding, have all the rights, privileges, 

duties, and responsibilities of the 

Chairperson;

(C) The Secretary shall conduct all 

LTGC correspondence, keep accurate 

records of all matters transacted at LTGC 

meetings, and promptly submit to the 

Secretary of the LIBC all minutes of 

regular and special meetings of the 

LTGC.

(2) A quorum shall be three Commissioners. 

All actions of the LTGC shall be taken by 

majority vote. The Chairperson shall be 

entitled to vote.

(3) The LTGC shall hold meetings at least 

monthly and at such other times:

(A) As may be called by the Chairperson;

(B) Upon written request to the 

Chairperson by any other Commissioner;

(C) Upon written request to the 

Chairperson by the Director of the 

Lummi Tribal Gaming Agency; or

(D) At the direction of the LIBC.

23.05.020 Authority of the LTGC

(a) The LTGC shall be authorized and hereby 

is directed to promulgate, subject to review and 

approval by the LIBC, detailed and 

comprehensive regulations for the 

implementation and enforcement of this 

Ordinance. Said regulations shall describe and 

establish the rules for each specific Class II and 

Class III gaming activity to be authorized to be 

conducted on Tribal lands, and no form of such 

gaming may be conducted on Tribal lands

without prior approval by the LTGC.
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(b) The LTGC and its agents shall have access 

to any and all records necessary to conduct 

investigations, reports, audits, etc. of any 

licensee of LTGC, provided that access is not 

prohibited by law.

(c) The LTGC, independent of LIBC, shall 

have full authority to monitor compliance with 

this Ordinance and its regulations, to 

investigate and prosecute violations of this 

Ordinance and the gaming regulations, and act 

to prevent any violation(s) thereof.

(d) Subject to the approval of the LIBC, The 

LTGC may adopt LTGC bylaws, rules of 

procedure and protocols to perform its 

functions in accordance with this Ordinance, 

the Indian Gaming Regulatory Act, the 

National Indian Gaming Commission’s 

regulations, and any other applicable laws or 

regulations.

(e) Subject to the approval of LIBC and the 

appropriation of funds thereafter, the LTGC 

shall be authorized to employ such staff as 

reasonably may be required to fulfill its 

responsibilities under this Ordinance. 

Compensation of LTGC employees shall be 

limited to that which is comparable to 

compensation paid to persons performing 

similar duties in other governmental gaming 

regulatory agencies.

(f) Subject to the approval of LIBC, the LTGC 

hereby is authorized to establish and impose 

upon gaming facilities, permits, applicants and 

licensees such application, permit, and license 

fees as may be necessary to fully reimburse the 

Nation for its actual cost of operating the 

LTGC, enforcing this Ordinance and LTGC 

regulations, processing of licensing and permit 

applications, and otherwise fulfilling its 

regulatory responsibilities under the Indian 

Gaming Regulatory Act.

(g) Failure to timely pay any gaming-related 

fee imposed by LIBC or the LTGC, or to 

comply with a LTGC regulation or order, or 

any other violation of this Ordinance or the 

terms of any Class III gaming compact 

authorizing and regulating gaming on Tribal

lands, shall be grounds for suspension or 

revocation of any license or permit issued 

pursuant to this Ordinance, exclusion of any 

non-member of the Lummi Nation from the 

Tribal lands, and imposition of such other 

sanctions as the LTGC may deem appropriate.

(h) Any person or entity subject to any sanction 

or penalty by the LTGC shall have the right to 

appeal such sanction or penalty to LIBC in 

accordance with such rules and regulations as 

may be promulgated by LIBC for that purpose. 

The decision of the LIBC on any appeal shall 

be final and not otherwise reviewable.

23.05.030 Designation of an Agent by a 

Tribe

As described in 25 C.F.R.§519.1, the principal 

agent shall be the Chairperson of the LTGC, 

with the Director of the Lummi Tribal Gaming

Agency being authorized to accept service in 

the Chairperson’s absence.

Chapter 23.06 Employment

23.06.010 Licenses For Key Employees, 

Primary Management Officials, and 

Standard Employees

The LTGC shall ensure that the policies and 

procedures set out in this Section are 

implemented with respect to key employees, 

primary management officials, and standard 

employees employed at any Class II and/or 

Class III gaming enterprise operated on Tribal 

lands.

23.06.020 Application Forms

(a) The following notice shall be placed on the 

Nation’s license application form for a key 

employee, a primary management official, or a 

standard employee before that form is filled out 

by an applicant:

“In compliance with the Privacy Act of the 

1974, the following information is provided: 

Solicitation of the information on this form is 

authorized by 25 U.S.C. §§ 2701 et seq. The 

purpose of the requested information is to 

determine the eligibility of individuals to be 

granted a gaming license. The information will 

be used by Tribal gaming regulatory authorities 

and by the National Indian Gaming 

Commission members and staff who have need 

for the information in the performance of their 

official duties. The information may be 
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9

disclosed by the Nation or the National Indian 

Gaming Commission to appropriate Federal, 

Tribal, State, local, or foreign law enforcement 

and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement 

by a tribe or the National Indian Gaming 

Commission in connection with the issuance, 

denial, or revocation of a gaming license, or 

investigations of activities while associated 

with a tribe or a gaming operation. Failure to 

consent to the disclosures indicated in this 

notice will result in a tribe’s being unable to 

license you for a key employee, primary 

management official or standard employee 

position.

The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply 

a SSN may result in errors in processing your 

application.”

(b) Existing key employees, primary 

management officials, and standard employees 

shall be notified in writing that they shall either

(1) complete a new application form that 

contains a Privacy Act notice; or

(2) sign a statement that contains the 

Privacy Act notice and consent to the routine 

uses described in that notice.

(c) The following notice shall be placed on the 

application form for a key employee, a primary 

management official, and standard employee 

before that form is filled out by an applicant: 

“A false statement on any part of your license 

application may be grounds for denying a 

license or the suspension or revocation of a 

license. Also, you may be punished by fine or 

imprisonment. (U.S. Code, title 18, section 

1001)”

(d) The existing key employees, primary 

management officials, and standard employees 

shall be notified in writing that they shall either

(1) complete a new application form that 

contains a notice regarding false statements; 

or

(2) sign a statement that contains the notice 

regarding false statements.

23.06.030 Background Investigations

The LTGC shall perform a background 

investigation for each key employee, primary 

management official and standard employee in 

its gaming operation. The investigation must be 

sufficient to allow the LTGC to make an 

eligibility determination under Section

23.06.050 of this Ordinance.

The LTGC is responsible for conducting the 

background investigation of key employees,

primary management officials and standard 

employees. Except for a standard employee,

the background investigation shall include a 

check of criminal history records information 

maintained by the Federal Bureau of 

Investigation. A background investigation may 

also include but is not limited to, a check of the 

criminal history records of the Lummi Nation

Courts, the Washington Courts and other 

public records research services available to the 

LTGC.

The LTGC shall request from each key 

employee, primary management official, and 

standard employee all of the following 

information:

(a) Full name, other names used (oral or 

written), social security number(s), birth date, 

place of birth, citizenship, gender, all 

languages (spoken or written);

(b) Currently and for the previous five (5) 

years, all business and employment positions 

held, ownership interests in those businesses, 

business and residence addresses, and driver’s 

license numbers;

(c) The names and current addresses of at least 

three (3) personal references, including one (1)

personal reference who was acquainted with 

the applicant during each period of residence 

listed under Subsection (b) of this Section;

(d) Current business, and residential telephone 

numbers, and all cell phone numbers;

(e) A description of any existing and previous 

business relationships with Indian tribes, 

including ownership interests in those 
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10

businesses;

(f) A description of any existing and previous 

business relationships with the gaming industry 

generally, including ownership interests in 

those businesses;

(g) The name and address of any licensing or 

regulatory agency with which the person has 

filed an application for a license or permit 

related to gaming, whether or not such license 

or permit was granted;

(h) For each felony for which there is an 

ongoing prosecution or a conviction, the 

charge, the name and address of the court 

involved, and the date and disposition if any;

(i) For each misdemeanor conviction or 

ongoing misdemeanor prosecution (excluding 

minor traffic violations for which a fine of less 

than $200 was imposed), within ten (10) years 

of the date of the application, the name and 

address of the court involved and the date and 

disposition;

(j) For each criminal charge, (excluding minor 

traffic charges for which a fine of less than 

$200 ordinarily is imposed), whether or not 

there is a conviction, if such criminal charge is 

within ten (10) years of the date of the 

application and is not otherwise listed pursuant 

to Subsections (h) or (i) of this Section, the 

criminal charge, the name and address of the 

court involved and the date and disposition;

(k) The name and address of any licensing or 

regulatory agency with which the person has 

filed an application for an occupational license 

or permit, whether or not such license or permit 

was granted;

(l) A current photograph;

(m) Any other information the LTGC deems 

relevant; and

(n) Key employee and primary management

official fingerprints obtained in accordance

with procedures adopted by the LTGC 

according to 25 C.F.R. §522.2(h). Standard 

employees do not provide fingerprints. 

The LTGC shall conduct an investigation 

sufficient to make a determination under § 

23.06.050 of this Ordinance. In conducting a 

background investigation, the LTGC, and its 

investigators, and/or its agents shall keep 

confidential the identity of each person 

interviewed in the course of conducting a 

background investigation.

23.06.040 Fingerprinting

The LTGC is authorized to act as the law 

enforcement agency for the purpose of 

administering the fingerprinting requirement in 

Section 23.06.030 of this Ordinance. The 

LTGC may delegate this authority to staff as 

required.

23.06.050 Eligibility Determination

(a) Before a license is issued to a key employee, 

primary management official or standard 

employee the LTGC shall make a finding 

concerning the eligibility of that person for 

receiving a gaming license by reviewing the 

applicant’s prior activities, criminal record, if 

any, and reputation, habits, and associations. If 

the LTGC, in applying the standards adopted in 

this Ordinance, determines that licensing of the 

person poses a threat to the public interest or to 

the effective regulation of gaming, or creates or 

enhances dangers of unsuitable, unfair, or 

illegal practices and methods and/or activities 

in the conduct of gaming, the LTGC shall not 

license that person in a key employee, primary 

management official or standard employee 

position. 

(b) Copies of a key employee’s or primary 

management official’s eligibility determination

shall be included with the notice of results that 

must be submitted to the National Indian 

Gaming Commission before the licensing of a 

key employee or primary management official.

(c) Once a standard employee’s eligibility 

determination is completed the LTGC may 

grant a license pursuant to § 23.06.080 of this 

Ordinance.

23.06.060 Investigative Reports – Key 

Employees and Primary Management 

Officials

(a) Before issuing a license to a key employee 

or primary management official, the LTGC 

shall create and maintain an investigative 
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11

report for each background investigation of a 

key employee or primary management 

official.

(b) Investigative reports shall include all of 

the following information:

(1) Steps taken in conducting the

investigation;

(2) Results obtained;

(3) Conclusions reached; and

(4) The basis for those conclusions.

23.06.070 Notice of Results of 

Background Investigations – Key 

Employees and Primary Management 

Officials

(a) Before issuing a license to a key employee 

or primary management official, the LTGC 

shall prepare a notice of results of the 

applicant’s background investigation to submit 

to the National Indian Gaming Commission. 

The notice of results must be submitted to the 

National Indian Gaming Commission no later 

than sixty (60) days after the applicant begins 

working for the Nation.

(b) The notice of results shall include the 

following information:

(1) The applicant’s name, date of birth and 

social security number; 

(2) The date on which the applicant began, 

or will begin, working as a key employee or 

primary management official; 

(3) A summary of the information 

presented in the investigative report, 

including:

(A) licenses that have been previously 

denied; 

(B) gaming licenses that have been 

revoked, even if subsequently 

reinstated; 

(C) every known criminal charge

brought against the applicant within the 

last ten (10) years of the date of the 

application; and 

(D) every felony offense of which the 

applicant has been convicted or any 

ongoing prosecution; and 

(4) The LTGC shall submit, with the notice 

of results, a copy of the eligibility 

determination made under Section

23.06.050.

(c) If a license is not issued to an applicant, the 

LTGC:

(1) shall notify the National Indian Gaming 

Commission; and

(2) shall forward copies of its eligibility 

determination and notice of results (if any) 

to the National Indian Gaming Commission 

for inclusion in the Indian Gaming 

Individuals Records System.

(d) When a key employee or primary 

management official is employed, the LTGC 

shall maintain a complete application file 

containing the information listed in Section 

23.06.030(a) through (n). Furthermore, the 

LTGC shall retain the following for inspection 

by the Chairman of the National Indian 

Gaming Commission or his or her designee for 

no less than three (3) years from the date of 

termination of employment: (1) Applications 

for licensing; (2) Investigative reports; and (3) 

Eligibility determinations.

23.06.080 Granting a Gaming License

(a) No person shall be employed in any 

capacity by any gaming operation regulated by 

this Ordinance unless they first obtain and 

possess in good standing a license issued by the 

LTGC.

(b) The LTGC may issue a temporary license 

to any person who satisfactorily completes an 

application for a license from the LTGC; 

provided that in the judgment of the LTGC 

issuance of the temporary license will not 

jeopardize public safety or the integrity of the 

gaming operations. A temporary license shall 
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12

not be issued for a period greater than ninety 

(90) days. The gaming operation shall not 

employ an individual in a key employee, 

primary management official or standard 

employee position who does not have a license 

after ninety (90) days of beginning work at the 

gaming operation. 

(c) The LTGC may issue a license to a standard 

employee upon a successful eligibility 

determination pursuant to § 23.06.050 of this 

Ordinance. 

(d) If, within a thirty (30) day period after the 

National Indian Gaming Commission receives 

a notice of results and eligibility determination

for a key employee or primary management 

official, the National Indian Gaming 

Commission does not notify the LTGC of an 

objection to the issuance of a license pursuant 

Subsection (f), the LTGC may issue a license 

to such applicant. Within thirty (30) days of the 

issuance of the license, the LTGC shall notify 

the National Indian Gaming Commission of its 

issuance. 

(e) The LTGC shall respond to a request for 

additional information from the Chairman of 

the National Indian Gaming Commission 

concerning a key employee or a primary 

management official who is the subject of a 

report. 

(f) If, within the thirty (30) day period 

described in Subsection (d) of this Section, the 

National Indian Gaming Commission provides 

the LTGC with a statement itemizing 

objections to the issuance of a license to a key 

employee or to a primary management official 

for whom the LTGC has provided a notice of 

results to the National Indian Gaming 

Commission, the LTGC shall reconsider the 

application, taking into account the objections 

itemized by the National Indian Gaming 

Commission. The LTGC shall make the final 

decision whether to issue a license to such 

applicant.

(g) If the LTGC has issued the license to a key 

employee or primary management official

before receiving the National Indian Gaming 

Commission’s statement of objections, notice 

and hearing shall be provided to the licensee as 

provided by Section 23.06.090.

23.06.090 Gaming License Suspensions 

and Revocations for Key Employees and 

Primary Management Officials

(a) If, after a license is issued to a key 

employee or a primary management official, 

the LTGC receives notice from the National 

Indian Gaming Commission or the LTGC 

determines that the key employee or primary 

management official is not eligible for 

employment, the LTGC shall do the following: 

(1) Immediately suspend the license; 

(2) Provide the licensee with written notice 

of the suspension and proposed 

revocation; and 

(3) Provide the licensee with notice of a 

time and place for a hearing on the 

proposed revocation of the license. 

(4) A right to a revocation hearing vests

only upon receipt of a license granted 

under an Ordinance approved by the 

Chair of the National Indian Gaming 

Commission. 

(b) Following the revocation hearing, the 

LTGC shall decide whether to revoke or 

reinstate the license at issue.

(c) The LTGC shall notify the National Indian 

Gaming Commission of its decision to revoke 

or reinstate the license within forty-five (45)

days of receiving notification from the National 

Indian Gaming Commission pursuant to 

Subsection (a) of this Section. 

23.06.100 Gaming License Suspensions 

and Revocations for Standard Employees 

(a) If, after a license is issued to a standard 

employee, the LTGC determines the employee

is not eligible for employment, the LTGC shall 

do the following: 

(1) Immediately suspend the license; 

(2) Provide the licensee with written notice 

of the suspension and proposed 

revocation; and 

(3) Provide the licensee with notice of a 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

13

time and place for a hearing on the 

proposed revocation of the license. 

(4) A right to a revocation hearing vests 

only upon receipt of a license granted 

by this Ordinance. 

(b) Following the revocation hearing, the 

LTGC shall decide whether to revoke or 

reinstate the license at issue.

Chapter 23.07 Gaming Facilities

23.07.010 Licensing of Gaming Places, 

Facilities, and Locations

A separate license shall be required for each 

place, facility, or location on Tribal lands 

where Class II and/or Class III gaming is to be 

conducted under this Ordinance.

23.07.020 Days and Times of Operation 

and Wager Limits

Class II, Class III, and other gambling activities 

authorized by this Ordinance may be conducted 

at such days and times as are determined by the 

LTGC in the exercise of its regulatory authority 

within the constraints of tribal and federal law.

Chapter 23.08 Miscellaneous Rules and 

Regulations

23.08.010 Minors Prohibited – Age 

Limit

No person under the age of eighteen (18) years 

shall take part in any Class II or Class III 

gambling activities on Tribal lands either as a 

participant or an employee. The LIBC shall by 

resolution, set the age limit for persons

permitted to take part in any Class II or Class 

III gambling activity on Tribal lands. 

23.08.020 Miscellaneous Gaming 

Regulations

All gaming conducted under the authority of 

this Ordinance shall be conducted in 

accordance with the following rules and 

regulations or such regulations as the LTGC 

may, from time to time, prescribe:

(a) Only house chips to be used. No person 

shall bring into a premises licensed to allow the 

playing of card games, nor introduce into any 

card game, any playing card or cards, or any 

poker chips for use in wagering other than 

those obtained from the licensee on that 

business day.

(b) Devices and mechanisms giving advantage 

prohibited. No device, apparatus, mechanism, 

or thing which may give the participant in a 

card game an advantage over any other 

participant in that game may be used by any 

person.

(c) Wagers to be made with chips only. All 

wagers made in connection with a card game 

shall be made with chips furnished by the 

licensed premise. However, certain wagers 

may be made other than with chips when 

specifically permitted by regulations approved 

by the LTGC.

(d) Change in method of wagering prohibited. 

Once a method of betting is chosen for a 

particular hand or game, that method must be 

used until the hand or game is completed.

(e) Wagers by other than participants 

prohibited. Except for the game of paigow, 

only persons actually playing in the card game 

may wager upon the outcome of the game. 

Except when wagered on the game of paigow, 

wagers by persons other than those playing 

which in any way involves the outcome of the 

game, or of any aspect of the game, are 

prohibited.

(f) Assistance and substitutes prohibited. No 

person shall allow a representative to sit in on 

a card game on his or her behalf for any 

purpose, or to render assistance to any 

participant in the game in any manner which 

gives that participant an advantage over the 

other participants. No person shall act as such 

a representative.

(g) Licensee to prevent cheating. All licensees 

or operators of games authorized under this 

Ordinance shall not allow any player to play in 

such a manner as to cheat the persons with 

whom they are playing. The licensee or 

operator shall take all reasonably necessary 

steps to prevent cheating and shall be 

responsible to ensure that games played upon 

the premises are fairly played. Any incident in 

which a person is suspected of or found 

cheating shall be reported immediately to the 

applicable law enforcement agency.
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(h) Intoxicated persons shall not play or 

provide services. 

(1) No person who is visibly under the 

influence of liquor, marijuana or any 

controlled substance shall be allowed to 

play, or continue to play, in any game or to 

participate in providing any services for the 

game.

(2) It shall be the responsibility of the 

licensee or operator, and of those persons 

physically operating the games, to ensure 

that no unauthorized person is allowed to 

participate in any manner in the playing of 

or providing services to any game.

(i) House rules to be developed and posted. 

Each entity operating a game under the 

provisions of this Ordinance shall develop and 

post in a conspicuous manner a summary of the 

rules for the conducting of such game not 

inconsistent with the provisions of this 

Ordinance and with the regulations of the 

LTGC. The LTGC shall establish the 

requirements for posting of house rules.

(j) Picture License/Identification required. All 

persons participating in the management or 

operation of any game under the provisions of 

this Ordinance while on premises shall wear an 

identification license which shall contain the 

person’s name, photograph, and the licensed 

entity’s name. The license shall be worn in 

plain view so as to be easily seen and read by 

persons participating in the event; provided 

however, that this Section shall not apply to 

undercover personnel performing legitimate 

security or monitoring services for the entity. 

Such persons shall carry proper identification 

on their person but shall not be required to 

display it except upon the lawful direction of 

law enforcement personnel or the management 

of the operating entity.

(k) Blackjack dealing.

(1) All blackjack games shall be conducted 

using a handheld double deck or a dealing 

“shoe” capable of holding at least four 

shuffled decks of cards at one time. The deal 

shall proceed until, in the dealer’s judgment, 

the cards should be reshuffled or the cards 

withdrawn for examination and/or replaced. 

(2) Cards may be dealt to the players face up 

or face down.

(3) No player shall remove cards from the 

table or “shuffle” or “cut” the cards except 

with the cut card provided.

(4) Only playing cards meeting the 

standards of the U.S. gaming industry shall 

be used.

(5) Cards may be shuffled using a device, 

apparatus, or mechanism. No device, 

apparatus, or mechanism which may give a 

participant in a card game any advantage 

over any other participant in that game may 

be used.

(l) Mechanical devices prohibited. No 

mechanical devices proscribed by the 

provisions of 15 U.S.C. §1175 shall be used in 

any gaming activity under the authority of this 

Ordinance, unless the use thereof would not 

violate federal law.

(m) Employee compensation to be reasonable. 

Compensation to the employees shall not 

exceed that which is normally paid in the 

gaming industry.

Chapter 23.09 Customers

23.09.010 Gaming Disputes

In the event a dispute develops between an 

employee and a guest over rules of play, 

payoffs, or other transactions, the following 

procedure should be followed:

(a) The employee should immediately contact 

the floor supervisor.

(b) The floor supervisor should listen to both 

sides of the dispute.

(c) The floor supervisor should then settle the 

dispute by ruling on the facts based on the floor 

supervisor’s investigation.

(d) In all disputes when there is a margin of 

doubt, the ruling should be made in favor of the 

guest.

(e) If a guest is not satisfied with the decision, 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

15

they may request to have the dispute moved up 

to the next level in the gaming facility’s 

organizational chart to the Chief Executive 

Officer whose decision shall constitute the 

guest’s final remedy. The Chief Executive 

Officer shall provide a brief summary of the 

dispute and the decision to the Director of the 

Lummi Tribal Gaming Agency for 

informational purposes.

(f) A dispute under this section may be brought 

at the time the event occurs that gives rise to the 

dispute or submitted in writing to the gaming 

establishment within seven (7) days of the 

event’s occurrence that gave rise to the dispute. 

Written disputes received after seven (7) days 

of the event occurring will not be reviewed. 

23.09.020 Cash Handling Disputes

When there is a dispute between a cashier and 

a guest over a cash transaction, the following 

procedure should be followed:

(a) The cashier should contact their immediate 

supervisor.

(b) The supervisor should listen to both sides 

of the dispute.

(c) If the dispute is over an amount of money 

less than $5.00 and there is any doubt as to the 

facts, the supervisor shall rule in favor of the 

guest.

(d) In disputes of transactions larger than 

$5.00, the supervisor should, conduct a further 

investigation for determination of the facts.

(e) If a guest is not satisfied with the decision, 

they may request to have the dispute moved up

to the next level in the gaming facility’s 

organizational chart to the Chief Executive 

Officer whose decision shall constitute the 

guest’s final remedy. The Chief Executive 

Officer shall provide a brief summary of the 

dispute and the decision to the Director of 

Lummi Tribal Gaming Agency for 

informational purposes.

(f) A dispute under this section may be brought 

at the time the event occurs that gives rise to the 

dispute or submitted in writing to the gaming 

establishment within seven (7) days of the 

event’s occurrence that gave rise to the dispute. 

Written disputes received after seven (7) days 

of the event occurring will not be reviewed.

23.09.030 Disruptive Guest

When any employee or supervisor notices 

drunkenness, guests under the influence of 

drugs, or disruptive behavior, the incident 

should be immediately called to the attention of 

the Security Department (Security) and/or the 

shift manager. At least two employees (one a 

supervisory level) should observe the behavior 

before action is taken. Depending upon the 

nature of the problem, Security should:

(a) If drunkenness or drug abuse is involved, 

ask the guest to leave the premises. In doing 

so, Security should offer to call a cab for the 

guest and encourage them not to drive while 

they are in their current condition.

(b) In the case of abusive behavior, Security 

should ask the guest to immediately 

discontinue the disruptive behavior. If the 

guest refuses to do so, Security should then ask 

the guest to leave the gaming operation 

premises.

(c) If a guest who has been asked to leave the 

gaming operation premises refuses to do so, 

Security should immediately contact the 

Lummi Nation Law and Order Department to 

request that the trespass laws be enforced.

If a guest repeats drunkenness, drug abuse, or 

disruptive behavior at a later visit to the Casino, 

or if the problem is severe, the guest should be 

barred from the gaming operation for a period 

of time. Guests may appeal this type of a 

decision to the Chief Executive Officer. 

23.09.040 Criminal Behavior

In the event criminal behavior is observed on 

the gaming operation premises, Security should 

be immediately contacted. Security should 

then immediately contact the Lummi Nation 

Law and Order Department to report the 

activity. After contacting Lummi Law and 

Order, Security should continue to observe the 

offense. Under no circumstances should 

physical action or an attempt to apprehend be 

initiated. Upon the arrival of Lummi Nation 

Law and Order officers, the Security 
Title 23 (Gaming Ordinance) LIBC Resolution #2022-XXX 

V.10.29.21 (GH) 

16

Department personnel should follow the 

direction of the police officers in charge.

23.09.050 Gaming Facility Exclusions

(Barring) 

LTGC and/or the Gaming Operation’s security 

department may develop procedures providing 

for the establishment of a list of persons who 

are to be excluded or ejected from the Gaming 

Operation. The procedures will provide fair 

notice and an opportunity to be heard to any 

individual whose name is being contemplated 

to be involuntarily excluded, ejected or have 

their name removed from the list of individuals. 

Chapter 23.10 General Provisions

23.10.010 Construction

The Ordinance shall be liberally construed to 

carry out the purposes and policies of the 

Ordinance.

23.10.020 Severability

If any paragraph, section, or provision of this 

Ordinance shall be declared invalid by a court 

of competent jurisdiction for any reason, that 

paragraph, section, or provision shall be 

severed from the remainder of this Ordinance 

and the validity of the remainder of the 

Ordinance shall not be affected by such 

decision.

23.10.030 Sovereign Immunity

Nothing in this Ordinance, shall be deemed, 

construed, interpreted or implied to have 

waived, or authorized the waiver of, the 

sovereign immunity of the Nation, the Lummi 

Indian Business Council, or any of its entities, 

enterprises, instrumentalities, agencies, 

organizations, departments, tribally owned 

corporations, or political subdivisions, officers, 

agents, or employee unless such waiver is 

explicitly granted in writing by the Nation in 

accordance with Title 1 of the Lummi Code of 

Laws. 

23.10.040 Repeal

All prior gaming ordinances, as originally 

enacted and as amended, hereby are repealed.

23.10.050 Effective Date

This Ordinance shall take effect when it is 

approved by the Chair of the National Indian 

Gaming Commission pursuant to the Indian 

Gaming Regulatory Act, in writing, after its 

adoption by the Nation in a duly enacted 

resolution. 

23.10.060 Amendment

If major substantive amendments are made to 

this Ordinance subsequent to the initial 

effective date, those amendments shall only 

become effective when approved by the Chair 

of the National Indian Gaming Commission in 

writing.