Honorable Darrell Hillaire 

Chairman, Lurnmi Indian Business Council 

2616 Kwina Road 

Bellingharn, Washington 98226-9298 

RE: Amendments to Lummi Gaming Ordinance 

Dear Chairman Hillaire: 

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

review and approval of the amendments to the Lumrni Indian Business Council's 

(Lummi Nation) tribal gaming ordinance submitted on April 3, 2002. The Nation by 

Resolution No. 2002-037 on March 5, 2002 adopted the amendment to the ordinance on an 

emergency basis. On April 1, 2002, by Resolution #2002-050, the Business Council 

permanently amended the Gaming Ordinance. The Chairman of the NIGC approved the 

original Ordinance on October 3, 1994. This letter constitutes approval of your submission 

under the Indian Gaming Regulatory Act (IGRA). Such approval does not constitute approval 

of specific games. It is important to note that the gaming ordinance is approved for gaming 

only on Indian lands, as defined in the IGRA, over which the Tribe exercises jurisdiction. 

Under the IGRA and the regulations of the NIGC, the Chairman is directed to review 

amendments to ordinances with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and approval is limited to the 

requirements of the IGRA land the NIGC regulations. 

Thank you for submitting the amendments to the tribal gaming ordinance of the Lummi Nation 

for review and approval. The NIGC staff and I look forward to working with you and the 

Community in implementing the IGRA. If you have questions or require further assistance, 

please contact Ms. Frances Fragua at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L Street NW, Suite 91 00, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlCC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
LUMMI INDIAN BUSINESS COUNCIL 

261 6 KWlNA DRIVE BELLINGHAM, WASHINGTON 98226 (360) 384-1489 

DEPARTMENT 

RESOLUTION #2002-037 OF THE LUMMI INDIAN BUSINESS COUNCIL 

TITLE: EMERGENCY ADOPTION OF AMENDMENTS TO THE GAMLNG 

ORDINANCE, TITLE 23 OF THE LUMMI CODE OF LAWS 

WHEREAS, the Lummi Indian Business Council is the duly constituted governing body of the 

Lummi Indian Resenlation b!. the authority of the Constitution and By-laws of the Lumrni Tribe 

of the Lummi Reservation: Washmgton; and 

WHEREAS, the Lummi Indian Business Council has the authority and responsibility to 

--safeguard and promote the peace, safety: morals, and general welfare of the Lummi Reservation 

by regulating the conduct of tnde and the use and disposition of property upon the Reservation, 

pursu'mt to Art. VI, Sec. l(1) of the Lurnrni Constitution: and 

WHEREAS, on August 23, 1994, pursuant to Resolution #94-156: the Lurnmi Indian Business 

Council adopted tile Lull-tmi Gnminy Ordinance, codified in the Lumnli Code of Laws as Title 23; 

and 

WHEREAS, on fvlarch 7, 1995, the Natioual Indian Gaming Commission published notice in the 

Federal Register of the NIGC Cilainnan's approval of the Lumrni Nation Garmng Ordinance: and 

WHEREAS, the Lurn~ni Indian Business Council finds it to be in the best interest of the Lummi 

Nation to make minor ame~idiilents to the Ganing Ordinance pertaining to Blackjack dealing to 

conform to current practice in tribal casinos in Washugton State; and 

WHEREAS, the Lumini Indian Business Council finds that these proposed amendments should 

be adopted on a1 eelnergencp basis and that a public hearin!: should be scheduled promptly in 

order to implement the amendmeilts prior to the opening of the Silver Reef Casino. 

NOW, THEREFORE, BE TT RESOLVED, that Chapter 22.08 of the Gamg Ordinance - 

Miscellaneous Rules and Risulations - is hereby amended on an emergency basis as follows 

(dcletion of words indicated by strikethrough and addition of words by underlining): 

Section 23.08.020 (k) Blackjack dealino. 

( 1) All blnck.jnck galiles shdl be corlductcd uskg a lismdlleid double deck or 

a dealing -'shoe" capable of holding at least four shuffled decks of cards . . at one time. llle deal shdl bqiiwitM&w*~ 

hM-~deeks-e~~~a~ds.~itfld~~proceed until. in the dealer's judgment, the cards 

should be reshuMed or tile cards \vithdracvn for esanlinauon andlor 

replaced. ~ts-A~e~-skall-rhet~-~h--re~kd-~~vid~f~~~:-.sh&d~chof 

~~4~-~ro~e~& 

(7) 4teCards skttll~?lr~\' be dealt to tile players hce up..or.J~ce.dov.n. 

(3) No player shdl relllove eqdc-ti~nrds froin the table or "shuffle" or 

"cut" the cards .~~~c~~.vit!~-i!~~..c~i~..ca~d~~.a\.:i.c!ed. 

and: 

I 

Resoluc~oo 42007-037 Page I of 2 
+-&, BE IT FURTHER RESOLVED, that a piiblic hearing is scheduled for the day of 

,"lAlr, I., , 2002, atP&!fi~ p.m. in the Lumrni Nation Council Chambers to take 

testimony and receive written comments concerning the proposed amendments to the 

Gaming Ordinance, Title 23 of the Lummi Code of Laws; and 

BE IT FURTHER RESOLVED, that the Chairman or his designee shall submit the 

amendments to the Gaming Ordinance to the National Indian Gaming Commission for 

their review and approval; and 

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

authorized and directed to esecute hs resolution and any documents connected therewith, and 

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

following cedication. 

LURM NATION 

Lwmi Indian Business Council 

CERTIFICATION 

As Secretary of the Lurn~ni Indi Business Council,,I hereby cert@ that the above 

Resolution #2002-037 rras adopted s a%7daaav Meetin 

of/')LLcth , 2002, at which time a quorum of 11,7 ~vas 

Against: and a Abstention(s). 

~un&i 1ndi& ~usines-s Council 

Resoiurioll d2002-057 Page 2 of 2 
APR-02-02 TUE 10:28 AM LlBC RESERVATION ATTY FAX:360 384 2358 PAGE 2 

RESOLUTION #2002-050 OF THE LUMM INDIAN BUSINESS COUNCIL 

TITLE: ADOPTION OF AMENDMENTS TO THE GAMING ORDINANCE, 

TITLE 23 OF THE 1,UMMI CODE OF LAWS 

WHEREAS, thc ~ur(ni Jndia~i Buri~iess Council is the duly co~isrltuted governing body of tf)e 

Lun~~ili Indian Reservation by the author~ty of the Constih~tion and Ry-laws of the Lunlmi Tribe 

of thc Lummi Reservarion. Washington; and 

WHEREAS. thc ~uinmi llldiai B~ISIIICSS CoonciI llas the a~~tllority and respo~lslbility to 

safe~uard and promot< the peace. safctj.. morals. and general welfarc of the Lurn~lli Resemtion 

by resulating the condilct of rmdc and thc use and disposition of propmy upon the Resemtion, 

pursuant to Art. VI. s&. 1(1) of thc L,umrni Constitution: and 

WHEREAS. on ALI~U'S~ 23. 1994. pursuant to Resolution #94- 1 36. the Lulnnli Indian nusincss 

Council ~dopred IIIC ~bninii Gallling Ordio~ncc. codified ill rbc l.t~mmi Code of Laws as Title 23: 

.and 1 

Wi-IEREAS, on arch 7. 1995. thc National Indian Gaming ~:omrnission published notice in the 

Fcdc1.31 Rc~istor of rllq NJGC Chainiian's npproval of thc Lu:nmi Nation Garni~lg Ordinance; 'and 

WHEREAS, ar the ~ummi Indian business Council meeting held on the 5'bay of 

March. 3002. the LlBC adopted Resolurion k2002-037. adopting proposed amendments 

to the L.umlni Galnintl Ordinance on an enlergency basis and scheduling a public hearing 1 to be held at 12:00 p.m. on March 15. 2002. for the purpose of receiving public comment 

011 the proposed anle'11dments ro the Gaming Ordinance, and the Hearing Examiner's 

Reporr ofsaid ~ublic Hearlng, dated March 27. 2002. has been received and reviewed; 

and 

WIIEREAS. the pujpore of the proposed amendments is to make minor amendments to the 

Cianiing Ordinance pcnaininy to Black,jack dealins to confonn to currmt practice in tribal casinos 

in Washington State: and 

WHEREAS, tl~e Lurn1111 Indian Business Cou~icil finds that tl~css proposed ainendmcllts should 

bc sdoprcd. to bc cffcctivc tvhen approvcd by the Narional Indian Gaming Commission. 

NOW. THEREFORE. BE 1T RESOLVED, rhat Chapter. 25.08 of the Gan~ing Ordinance - 

Misccllaoeons Rulcs a)ld Rcyulations - is hsreb! amendtd as follo\c.s (delcrion of words indicated 

b! striki.throug11 wd ddition of ~vords by undcrl~ning): 

Section 13.08i020 (k) Blnckinck dealirv. 
APR-02-02 TUE 10: 28 AM LlBC RESERVATION ATTY FAX: 360 384 2358 * . PAGE 3 

(I) All blackjack games shall be conducted using a handhqlciiguhke deck q 

adecrling "shoe" capablc of hoiding at lcast four shuffled decks af cards 

at olic rime. The deal shall ~itnuitk-cke+heeemfaiRing+Aea&w 

Ul.d&s.of-car&~~d.~roceed until, in the deale~~s judgment, the cards 

should be reshuffled or the cards withdravn for emination andlor 

replaced. Tb-shoe-~skal~~~then~~be~~~efiZ1ed~-with~~~f~~~~sh~~~--d

ear&xmd-the-pm@ 

(2) ~lte~ards skl1.may be dealt to the playas face ~~p.or.face..c!sw~. 

(3) No shall reinove e-up-cards from the rablc or "shuffle" or 

"cut" the cards ~e.uccpr~~irhthecu.r.ca.r.d.~.~~.~dcd. 

aJ1d; I 

BE IT FURTHER @SOLVED, that the Chairman or his designee shall submit the 

amendments to the Gaming Ordinance to the National Indian Gaming Commission for 

their review and approval; and 

BE IT FURTHER RESOLVED, that the amendments herein approved shall be codified 

in Title 23 of the Lummi Code of laws; and 

BE IT FURTHER RESOLVED, [hat the Chairman (or Vice Cllairo~an in his absence) is hereby 

aurhorizcd and direaed to csccuts this resolutioli and my docurnellts connected therewith, and 

the Secretar) (or the Recording Secretar), in his nbsencc) is authorized and directed to execute the 

follon.ing certificarionl 

LLTMMI NAJION 

L 

- 

rell Hillaire, Chairnlan I Lummi Indian Business Council 

I CERTIFICATION 

As Secreap of the Lunlnli Indian Business Council: 1 hereby certify that the above 

Resolution U2002-050 ivu adopted at s regular Mntin~ of the Council held on the L$ay of 

,-; - 2002, at ~11icl1 time a quolum of was present by a vote of For, 2 Asainst, 

62.- Abnenrion(s). 

Rcsolution #20024jO Page 2 of 2 
TITLE 23 

LUMMI NATION CODE OF LAWS 

GAMING ORDINANCE 

Enacted: Resolution 82-97 (1 0/5/82) 

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

Amended: Resolution 83-1 12 (1213183) 

~esolution 84-28 (416184) 

Resolution 86-66 (613/86) 

Resolution 86-92 (8114186) 

~esol&ion 90-96 (711 9/90) 

Resolution 92-09 (214192) 

Resolution 92- 14 (214192) 

Resolution 93- 17 (219/93) 

Resolution 93-55 (411 5193) 

Resolution 93- 169 (1 0/26/93) 
TITLE 23 

LUMMI: NATION CODE OF LAWS 

GAMING ORDINANCE 

Table of Contents 

Chapter 23.01 Legislative Findings and Declaration of Policy 

23.0 1 . 010 Legislative Findings and Declaration of Policy ................................................ 1 

Chapter 23.02 Definitions 

23.02.0 10 Definitions ..................................................................................................... 1 

Chapter 23.03 Regulation of Gambling Activities 

23.03.0 10 Gambling Prohibited Except as Authorized .................................................... 3 

23.03.020 Authorized Gambling Activities ..................................................................... 3 

23.03.030 Ownership of Gaming Facilities andlor Enterprises ......................................... 4 

Chapter 23.04 Gaming Revenues 

23.04.01 0 Use of Gaming Revenue ................................................................................ -4 

23.04.020 Audit .......................................................................................................... 4 

23.04.030 Protection of the Environment and Public Health and Safety .......................... 5 

Chapter 23.05 Gaming Commission 

23.05.010 Lumrni Indian Gaming Commission Created ................................................... 5 

23.05.020 Designation of an Agent by a Tribe ............................................................ 6 

Chapter 23.06 Employment 

23.06.0 10 Licenses For Key Employees. Primary Management Officials. and Standard 

Employees ..................................................................................................... 6 

23.06.020 Definitions ..................................................................................................... 6 . . 23.06.03 0 Application Forms .......................................................................................... 8 

23.06.040 Background Investigations ............................................................................. 9 

23.06.050 Fingerprinting .............................................................................................. 10 

23.06.060 Eligibility Determination ............................................................................... 10 

23.06.070 Procedures for Forwarding Application and Reports .................................... 1 1 

23.06.080 Report to the National Indian Gaming Commission ...................................... 1 1 

23.06.090 Granting a Gaming License .......................................................................... 1 1 

23.06.100 License Suspension ...................................................................................... 12 
Chapter 23.07 Gaming Facilities 

23.07.0 10 Licensing of Gaming Places. Facilities and Locations ............................... 13 

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

Chapter 23.08 Miscellaneous Rules and Regulations 

23.08.0 10 Minors Prohibited ........................................................................................ 13 

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

Chapter 23.09 Customers 

23.09.0 10 Gaming Disputes .......................................................................................... 15 

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

23.09.030 Disruptive Guest .......................................................................................... 16 

23.09.040 Criminal Behavior ....................................................................................... 16 

Chapter 23.10 Exemptions and Statutory Construction 

23.10.01 0 Traditional Games Exempted ....................................................................... 16 

23.10.020 Construction ............................................................................................ 16 

23.10.030 Severability .............................................................................................. 16 

23.10.040 Repeal ......................................................................................................... 16 
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 Lumrni Indian Business Council (LIBC), the governing body of the Lurnmi Indian Tribe, 

hereby finds and declares that the economic, educational, social, health, and general 

governmental welfare of the Lummi Indian Tribe and the Lummi people are threatened due to 

lack of adequate sources of governmental financing. 

The LIBC fbrther 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 the Lummi Indian Reservation is both necessary and desirable to 

minimize the potential adverse effects of gambling on the Lummi Reservation and its people 

and to maximize the production of governmental revenues for the benefit of the tribe and its 

people. 

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) "Bingo" shall mean and refer to the activity commonly known as Bingo and all other 

similarly organized and played games wherein the participants pay a sum of money for 

the use or benefit of one or more pre-numbered cards. When the game commences, 

numbers are drawn by chance, one by one, and announced to the players until a 

participant or player announces that he has matched up on his pre-numbered 

purchased card enough randomly drawn numbers to complete the desired winning 

pattern of numbers. At this time, the participant calls out "Bingo" or such other 

desired word or phrase and is declared the winner of a pre-determined prize. 

(b) "Bingo Cards" shall mean and refer to the flat, usually rectangular, piece of paper or 

thin paste board or a computerized or electronic equivalent thereof, normally 

employed by players engaged in the game of Bingo. More than one set of Bingo 

numbers may be printed on any single piece of paper. Only cards printed or authorized 

by the Lumrni Indian Gaming Commission shall be used in any Bingo activities 

authorized under this ordinance, and all printed cards shall bear the logo of the Lummi 

Indian Tribe. 

(c) "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. 

1998 Gaming Ordinance - 1 
(d) "Contractor" shall mean and refer to any management contractor employed by the 

Lummi Indian Tribe to operate any gambling operation authorized by this ordinance. 

(e) "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 

his control or influence, upon an agreement or understanding that he or someone else 

will receive something of value in the event of a certain outcome. 

(f) "Player" shall mean a person who participates in a game other than as an employee or 

contractor of the house. 

(g) "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. 

(h) "Private Social Game" shall mean any card game which constitutes gambling and 

which contains each of the following characteristics: 

(1) All participants in the game are players; 

(2) The players' success at winning money or any other thing of value by overcoming 

chance is, in the long-run, largely determined by the skill of the player; 

(3) No organization, corporation, person, or other entity collects or obtains or 

charges any percentage or portion of the money or thing of value wagered or won 

by any of the players; provided, however, that this subsection shall not preclude a 

player fiom collecting or obtaining his or her winnings; 

(4) No organization, corporation, entity or person collects or obtains any money or 

thing of value from, or charges or imposes any fee upon, any person which either 

enables him or her to play or results in or fiom his play; 

(5) The game is played on private property and is not open to members of the general 

public. 

(i) "Pull tab" is a game the essential elements of which are that participants purchase a 

chance or chances to win one of a fixed number of predetermined and announced 

prizes from among a fixed, predetermined and finite pool of like chances, such that the 

drawing of a chance fiom the pool reduces by one the chances remaining to be drawn, 

and the winning of a particular prize removes that prize from play until the pool of 

chances is exhausted or the game otherwise is withdrawn fiom play. Prizes are won 

by drawing chances displaying either numbers or symbols matching the winning 

combinations displayed on the game "flare card". The game may be played using 

preprinted tickets made of single-folded or banded paper, laminated paste-board or 

printed tickets the faces of which are covered with a perforated paper strip or 

otherwise completely obscured so as to conceal fiom the view of players and 

operators the numbers or symbols printed thereon until the covering is tom or 

scratched off, paper tickets that are printed by a computerized or electronic dispenser 

that stores pre-programmed combinations on EPROM chips or cartridges, or other 

computerized, electronic or video technologic aids that expedite the play of the game 

while preserving the games essential elements. 

(i) "Punchboard" means a board or device containing a number of receptacles of uniform 

size in which are placed, at random, punches (slips of paper or other substance, 

1998 Gaming Ordinance - 2 
imprinted with numbers or symbols) and in which 

(1) a specific serial number is assigned to the punch board and printed on each 

punch; 

(2) a flare or face sheet covers the receptacles and sets out the winning numbers or 

symbols and prizes which may be won; 

(3) upon the payment of consideration, a player may select and remove a punch 

fiom a receptacle; and 

(4) a prize is awarded if the number or symbol, set out on the selected punch, 

matches a symbol on the flare or face sheet. 

(k) "LIBC" shall mean the Lumrni Indian Business Council. 

(1) "LIGC" shall mean the Lurnmi Indian Gaming Commission. 

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 the 

exterior boundaries of the Lurnmi Indian Reservation and any other lands under the 

jurisdiction of the LIBC. Unauthorized gambling hereby is declared to be a public nuisance, 

and the LIBC, through the LIGC or other agents, shall have the right and power to abate the 

same by initiating a civil action in the Lumrni 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 andlor 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) Class I1 Gaming Authorized--Tribal Monopolv 

Class II gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-77 ("IGRA"), 25 

U.S.C. Section 2703 (7)(A) and (C), and by regulations lawfully promulgated by the National 

Indian Gaming Commission ('WGC") that now or hereafter may be in effect, is hereby 

authorized. Except for the LIBC, acting by and through its employees and contractors, it shall 

be unlawfbl for anyone to perform, conduct, operate, maintain, or supervise any bingo game 

or series of bingo games, games similar to Bingo, including Pulltabs and Punchboards, nonbanking card games or banked blackjack. All Class II Games conducted by the LIBC shall be 

conducted in accordance with the terms and conditions of this Ordinance, any regulations 

promulgated by the LIGC pursuant thereto, and such other laws as may from time to time be 

applicable. 

(b) Class III Gaming Authorized-Tribal Mono~oly 

1998 Gaming Ordinance - 3 
Class III gaming as defined in IGRq 25 U.S.C 2703 (S), and by regulation promulgated by 

the NIGC that now or hereafter may be in effect, is hereby authorized, provided such gaming 

is also authorized by and consistent with a Tribal-State compact that has been approved by the 

Secretary of the Interior and is in effect, or otherwise has been authorized by the Secretary of 

the Interior or federal law. It shall be unlawfbl for anyone to perform, conduct, operate, 

maintain, or supervise Class 111 gaming activities on the Lummi Indian Reservation, except the 

LIBC acting by and through its employees or contractors. All such games conducted by the 

LIBC shall be conducted in accordance with the terms and conditions of this Ordinance, and 

any regulations promulgated by the LIGC, and any applicable Tribal-State compact or 

conditions prescribed by the Secretary of the Interior. 

23.03.030 Ownership of Gaming Facilities andlor Enterprises. 

LIBC shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming facilities andlor enterprise(s) authorized by 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 11 and Class III gaming on the Lurnmi Indian Reservation 

following payment of all prizes, capital expenditures, debts, and necessary expenses of 

management and operations, including taxes and assessments, shall be paid to the 

LIBC and shall be used only for the following purposes: 

(1) To find Tribal govenunent operations and programs; 

(2) Provide for the general welfare of the Tribe and its members; 

(3) Promote Tribal economic development; 

(4) Donate to charitable organization; or 

(5) Help fund operations of local government agencies. 

@) If LIBC elects to make per capita payments to 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). 

23.04.020 Audit. 

(a) 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 nI compact or other document authorizing Class 111 gaming 

on the Lummi Indian Reservation. 

(b) All garning-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) above. 

1998 Gaming Ordinance - 4 
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 LlBC 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 long-term 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 Indian Gaming Commission Created. 

(a) There is hereby created the Lummi Indian Gaming Commission, which shall consist of 

five (5) persons who would themselves qualitjl for licensing under this Ordinance. At 

any time that said Commission should cease to exist or function, the LIBC shall serve 

as the Commission, and shall promulgate and implement interim regulations to govern 

gaming on the Lumrni Indian Reservation until such time as the commission is 

reestablished or resumes fbnctioning under its own permanent regulations. 

(b) The members of the LIGC 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 afEirmative 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 hisher 

removal, shall be required to remove a member of the Commission. 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 on-going law enforcement investigation. 

(c) LIBC shalI appoint a Chairperson of LIGC, who shall be appointed for a term of three 

(3) years. Two members of the Commission 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 LIGC 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 LIGC based upon the 

LIBC's determination of the time required to be expended upon Commission duties 

and the qualifications of the appointed Commissioners. 

(d) The LIGC 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 I1 and Class 111 gaming activity to be 

authorized to be conducted on the Lummi Indian Reservation, and no form of such 

1998 Gaming Ordinance - 5 
gaming may be conducted on the Lummi Indian Reservation without prior approval by 

the LIGC. 

(e) The LIGC, 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 

(f) Subject to the approval of LIBC and the appropriation of funds therefore, the LIGC 

shall be authorized to employ such staff as reasonably may be required to fulfill its 

responsibilities under this ordinance. Compensation of Commission employees shall 

be limited to that which is comparable to compensation paid to persons performing 

similar duties in other governmental gaming regulatory agencies. 

(g) Subject to the approval of LIBC, the LIGC 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 klly reimburse the Tribe for its actual 

cost of operating the LIGC, enforcing this ordinance and LIGC regulations, processing 

of licensing and permit applications, and otherwise hlfilling its regulatory 

responsibilities under the Indian Gaming Regulatory Act (IGRA). 

(h) Failure to timely pay any gaming-related fee imposed by LIBC or the LIGC, or to 

comply with a Commission regulation or order, or any other violation of this ordinance 

or the terms of any Class III gaming compact authorizing and regulating gaming on 

the Lummi Indian Reservation, 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 Lummi Indian Reservation, and imposition of such other 

sanctions as the LIGC may deem appropriate. 

(i) Any person or entity subject to any sanction or penalty by the LIGC shall have the 

right to appeal such sanction or penalty to LlBC 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. 

23.05.020 Designation of an Agent by a Tribe. 

As described in 25 C.F.R.45 19.1 the urinci~al agent shall be the Chaimerson of the Lummi 

Indian Gaming ~omrnission, with the L1~~'~dAnistrator being authohed to accept service 

in the Chairperson's absence. 

Chapter 23.06 Employment 

23.06.010 Licenses For Key Employees, Primary Management Oflicials, and -- - - 

Standard ~rn~lo~&. 

The LIGC shall ensure that the policies and urocedure set out in this section are im~lemented 

with respect to key employe&, primary kanagement officials, and standard ;mployees 

employed at any Class I1 andlor Class III gaming enterprise operated on Indian Lands within 

the boundaries of the Lurnmi Indian Reservation. 

23.06.020 Definitions. 

For the purposes of this chapter the following definitions apply: 

(a) Key Employee means: A person who performs one or more of the following 

functions: 

1998 Gaming Ordinance - 6 
(1) BingoBuU tab caller; 

(2) Count room employees; 

(3) Security employees; 

(4) Custodian of gaming supplies, software, or cash; 

(5) Shift Managers; 

(6) Gaming Supervisors; 

(7) Gaming Dual-Supervisors; 

(8) Dealers; 

(9) Cash Cage employees; 

(10) Approver of credit; 

(1 1) Accounting staff, 

(12) Food & Beverage Supervisor; 

(13) Custodian of gambling devices including persons with access to cash and 

accounting records within such devices andlor performing internal maintenance 

thereon; 

(1 4) Lurnmi Casino Board of Directors; 

(15) Any person who in the normal course of performing hisher duties has 

unsupervised or unrestricted access to any secure area of a gaming facility, or 

any other portion of a gaming facility in which the person would have 

unsupervised or unrestricted access to cash or original records of gaming 

activity; 

(16) If not otherwise included, any other person whose total cash compensation is 

in excess of fifty thousand dollars ($50,000) per year; 

(17) If not otherwise included, the four most highly compensated persons in the 

gaming operation; 

(18) Any other Casino position(s) deemed to be a key position by LIGC. 

(b) Primary Management Official means: 

(1) A person who performs one or more of the following hnctions: 

(A) General Manager; 

(B) Director of Security; 

(C) Controller; 

1998 Gaming Ordinance - 7 
(D) Human Resources Director; 

) Casino Operations Manager; 

(F) Non-Gaming Director 

(2) If othewise not included, the person having management responsibility for a 

management contract. 

(3) If otherwise not included, any person who has authority 

(A) to hire and fire employees; 

(B) to set up working policy for the gaming operation. 

(4) If otherwise not included, the chief financial officer or other person who has 

financial management responsibility. 

(5) Any other position(s) deemed to be a Primary Management Official by the 

LIGC. 

(C) Standard Emplovee Means: 

(1) A person who performs one or more of the following functions: 

(A) Maintenance; 

(B) Housekeeping; 

(C) Valet; 

@) Food & Beverage employees (excluding supervisors). 

(2) Any other position(s) deemed to be a Standard Employee by LIGC. 

23.06.030 Application Forms. 

(a) The following notice shall be placed on the 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 employed in a gaming operation. The information will be used by National 

Indian Gaming Commission members and staff who have need for the information in 

the performance of their official duties. The information may be disclosed 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 hiring or firing of an employee, the issuance 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 hire you in a primary management official or key employee 

1998 Gaming Ordinance - 8 
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 application may be grounds for not hiring you, 

or for firing you after you begin work. Also, you may be punished by fine or 

imprisonment. (U. S.C. Title 18 9 100 1 .) 

(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. 

23.06.040 Background Investigations. 

The LIGC 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 personal references, including one 

personal reference who was acquainted with the applicant during each period of 

residence listed under paragraph (b) of this subsection; 

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business relationships with Indian tribes, 

including ownership interests in those 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 

1998 Gaming Ordinance - 9 
filed an application for a license or perrnit related to gaming, whether or not such 

license or pennit 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 he of less than $200 was imposed), within ten 

years of the date of the application, the name and address of the court involved and the 

date and disposition; 

(i) For each criminal charge, (excluding traffic violations 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 years of the date of the application and is not otherwise listed 

pursuant to paragraph (h) or (i) of this Subsection, 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; 

(1) A current photograph; 

(m) Any other information the LIGC deems relevant; and 

(n) Fingerprints consistent with procedures adopted by the LIGC according to 25 C.F.R. 

5522.2 (h). 

The LIGC shall conduct an investigation sufficient to make a determination under 23.06.060 

below. In conducting a background investigation, the LIGC and/or its agent shall promise to 

keep confidential the identity of each person interviewed in the course of the investigation, 

unless such person gives written consent to such disclosure. 

23.06.050 Fingerprinting. 

The LIGC is authorized to act as Lummi Law and Order officials for the purpose of 

administering the fingerprinting requirement in subsection 23.06.040 above. The LIGC may 

delegate this authority to staff as required. 

23.06.060 Eligibility Determination. 

The LIGC shall review a ~erson's ~rior activities. criminal record. if any. and re~utation 

habits, and associations to make a finding concerning the eligibility of a key &nployee; 

management official, or standard employee for licensing in a gaming operation. If the LIGC 

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 activities in the conduct of gaming, the LIGC shall not license that person 

and the gaming operation shall not employ that person. 

1998 Gaming Ordinance - 10 
23.06.070 Procedures for Forwarding Applications and Reports for Key Employees 

and Primary Management Oflicials to the National Indian Gaming 

Commission. 

(a) When a key employee or primary management official begins work at a gaming 

operation authorized by this Ordinance, the LIGC shall forward to the National Indian 

Gaming Commission a completed application for employment and conduct the 

background investigation and make the determination referred to in 23.06.060 of this 

subsection. 

(b) The LIGC shall forward the report referred to in 23.06.080 of this section to the 

National Indian Gaming Commission within sixty (60) days after an employee begins 

work or within sixty (60) days of the approval of this Ordinance by the Chairman of 

the National Indian Gaming Commission. 

(c) The gaming operation shall not employ as a key employee, primary management 

official, or standard employee a person who does not have a license after ninety (90) 

days. 

23.06.080 Report to the National Indian Gaming Commission. 

(a) . Pursuant to the procedures set out in subsection 23.06.070 of this section. the LIGC , 

shall prepare and forward to the National Indian Gaming Commission an investigative 

report on each background investigation. An investigative report shall include all of 

the following: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The LIGC shaIl submit, with the report, a copy of the eligibility determination made 

under subsection 23.06.060 of this section. 

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

(1) shall noti@ the National Indian Gaming Commission; and 

(2) may forward copies of its eligibility determination and investigative report (if 

any) to the National Indian Gaming Commission for inclusion in the Indian 

Gaming Individuals Records System. 

(d) With respect to key employees and primary management officials, the LIGC shall 

retain applications for employment and reports (if any) of background investigations 

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. 

23.06.090 Granting a Gamine License. 

(a) No person shall be employe; in any capacity by any gaming operation regulated by this 

Ordinance unless he/she first obtains and possesses in good standing a license issued 

1998 Gaming Ordinance - 11 
by the LIGC. 

(b) The LIGC may issue a temporary license to any person who satisfactorily completes 

an application for a license fiom the LIGC; provided that in the judgment of the LIGC 

issuance of the temporary license will not jeopardize public safety or the integrity of 

the gaming operations. A temporary license shall not be issued for a period greater 

than ninety (90) days. Existing employees may be granted a temporary license valid 

for up to ninety (90) days following adoption of this ordinance by the LIBC. 

(c) If, within a thirty (30) day period after the National Indian Gaming Commission 

receives a report, the National Indian Gaming Commission notifies the LIGC that it 

has no objection to the issuance of a license pursuant to a license application filed by a 

key employee or primary management official for whom the LIGC has provided any 

application and investigative report to the National Indian Gaming Commission, the 

LIGC may issue a license to such applicant. The LIGC may issue a license to a 

standard employee immediately following completion of an eligibility determination as 

required in subsection 23.06.060 above. 

(d) The LIGC shall respond to a request for additional information fiom the Chairman of 

the National Indian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request shall suspend the 

30-day period under paragraph 23.06.090 (a) of this section until the Chairman of the 

National Indian Gaming Commission receives the additional information. 

(e) If, within thirty (30) day period described above, the National Indian Gaming 

Commission provides the LIGC with a statement itemizing objections to the issuance 

of a license to a key employee or to a primary management official for whom the 

LIGC has provided an application and investigative report to the National Indian 

Gaming Commission, the LIGC shall reconsider the application, taking into account 

the objections itemized by the National Indian Gaming Commission. The LIGC shall 

make the final decision whether to issue a license to such applicant. 

23.06.100 License Suspension. 

(a) If, after the issuance of a gaming license, the National Indian Gaming Commission 

receives reliable information indicated that a key employee or a primary management 

official is not eligible for employment under subsection 23.06.060 of this part, the 

National Indian Gaming Commission shall not$ the LIGC. 

(b) The LIGC shall noti@ the licensee of a time and a place for a hearing on the proposed 

revocation of a license. 

(c) After a revocation hearing, the LIGC shall decide whether to revoke or to reinstate a 

gaming license, or take other action as may be deemed appropriate. The LIGC shall 

notifjl the National Indian Gaming Commission of its decision. 

1998 Gaming Ordinance - 12 
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 Indian lands where 

Class 11 andlor Class ILT gaming is to be conducted on the Lummi Indian Reservation. 

23.07.020 Days and Times of Operation and Wager Limits. 

Class 11, Class 111, and other gambling activities authorized by this ordinance may be 

conducted at such days and times as are determined by the LIGC 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. 

No person under the age off eighteen (18) years shall take part in any Class I1 or Class I11 

gambling activities on the Lummi Reservation either as participant or employee and no person 

under the age of twenty one (21) years may participate as a player in any Class II or Class III 

gambling activities other than bingo or pull tabs, provided, however, that this prohibition shall 

not apply to traditional Indian gambling games as authorized in section 23.10 of this 

ordinance. 

23.08.020 Miscellaneous Gaming Regulations. 

All naming conducted under the authority of this ordinance shall be conducted in accordance 

witlithe 6110wing rules and regulationsor such regulations as the LIGC may, from time to 

time, prescribe: 

(a) Onlv 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 LIGC. 

(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) Waners bv 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. 

(0 Assistance and substitutes prohibited. No person shall allow a representative to sit in 

on a card game on his behalf for any purpose, or to render assistance to any participant 

1998 Gaming Ordinance - 13 
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 he is playing. The licensee or operator shall take all reasonably 

necessary steps to prevent cheating, and shall be responsible to insure 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. 

(h) Intoxicated persons shall not play or provide services. 

(1) No person who is visibly under the influence of liquor 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 develo~ed 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 LIGC. The LIGC shall 

establish the requirements for posting of house rules. 

(i) Picture LicenseDdentification reauired. 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 lawfhl direction of 

law enforcement personnel or the management of the operating entity. 

(k) Blackiack dealing 

(1) All blackjack games shall be conducted using a dealing "shoe" capable of 

holding at least four shuffled decks of cards at one time. The deal shall begin 

with the shoe containing at least four full decks of cards and proceed until, in 

the dealer's judgment, the cards should be reshuffled or the cards withdrawn 

for examination andlor replaced. The shoe shall then be refilled with four 

shuffled decks of cards and the process repeated. 

(2) All cards shall be dealt to the players face up. 

(3) No player shall remove or pick up cards kom the table or "shuffle" or "cut" the 

cards. 

(4) Only playing cards meeting the standards of the U.S. gaming industry shall be 

used. 

1998 Gaming Ordinance - 14 
(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. 

(1) Mechanical devices ~rohibited. No mechanical devices proscribed by the provisions of 

15 U. S.C. § 1 175 shall be used in any gaming activity under the authority of this 

ordinance, unless the use thereof would not violate federal law. 

(m) Emplovee com~ensation 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 a dealer and a guest over rules of play, payoffs, or 

other transactions, the following procedure should be followed until the dispute is 

satisfactorily resolved. 

(a) The Dealer should immediately contact the floor supervisor. 

(b) The floor supervisor should listen to both sides of the dispute. 

(c) Depending upon the nature of the dispute, the floor supervisor should: 

(1) Explain the appropriate house rule to the guest. 

(2) Run cards back to determine facts. 

(3) Contact surveillance to review appropriate tape for determination.of facts. 

(d) The floor supervisor should then settle the dispute by ruling on the facts. 

(e) If the guest asks to see a copy of the video tape, a copy of the tape should be made 

and shown to the guest in the Security Office. 

(0 In all disputes when there is a margin of doubt, the ruling should be made in favor of 

the guest. 

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 his 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 contact 

Surveillance and ask for a review of the tape for determination of the facts. 

(e) If the guest asks to see the video tape, a copy should be made and shown to the guest 

1998 Gaming Ordinance - 15 
in the Security Office. 

23.09.030 Disruptive Guest. 

When any employee or supervisor notices drunkenness, guests under the influence of drugs, 

or disruotive behavior. the incident should be immediatelv called to the attention of the 

~ecurity~~e~artment and/orthe Shift Manager. At least Go 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 him not to drive 

while he is in his current condition. 

(b) In the case of abusive behavior, Security should ask the guest to immediately 

discontinue the disruptive behavior. If the guest rehses to do so, Security should then 

ask the guest to leave the Casino premises. 

(c) If a guest who has been asked to leave the Casino premises refuses to do so, Security 

should immediately contact the Lurnmi 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 Casino for a period of 

time. Guests may appeal this type of a decision to the General Manager. 

23.09.040 Criminal Behavior. 

In the event criminal behavior is observed on the Casino premises, Security should be 

immediately contacted. Security should then immediately contact the Lummi Nation Law and 

Order Department to report the activity. After contacting Lurnmi 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 Department personnel should follow the direction of the police officers in charge. 

Chapter 23.10 Exemptions and Statutory Construction 

23.10.0 10 Traditional Games Exempted. 

The provisions of this Ordinance shall not apply to bonafide Traditional. Indian gambling 

games such as Sla-Hal, also known as bone games or stick games, provided that such games 

are conducted by and for Indian persons at tribal celebrations or gatherings and not as a 

business. 

23.10.020 Construction. 

The Ordinance shall be liberally construed to carry out the purposes and policies of the 

Ordinance. 

23.10.030 Severability. 

If any provision of this Ordinance or its application to any person or circumstances is held 

invalid the remainder of the Ordinance or the application of the provision to other persons or 

circumstances shall not be affected. 

23.10.040 Repeal. 

All prior gaming ordinances, as originally enacted and as amended, hereby are repealed. 

TiUe23PUB98 

1998 Gaming Ordinance - 16