Via First ClCk\'S Mail 

Kristy Healing, Esq. 

Tribal Attorney 

Stillaguamish Tribe of J ndians 

P.O. Box 277 

3322 2361

h Street NE 

Arlington, WA 98223 

Dear Ms. Healing: 

December 5, 2017 

Re: Gaming Code Amendment 

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

and approve an amendment to the Stillaguamish Tribe of Indian's Gaming Code. Thank you for 

bringing this amendment to our attention. 

T appreciate all of the time that the Tribe has invested in updating the Gaming Code in order 

to attain consistency with the Indian Gaming Regulatory Act and NIGC's reguJation. I note that 

NTGC regulations provide that if, after the issuance of a gaming license, the Tri he receives notice 

from the NIGC indicating that a key employee or a primary management official is not eligible 

for employment, the Tribe is required to immcdjately suspend the license and provide the 

licensee with written notice of the suspension and proposed revocation. Chapter 4, § 8(A)(l) of 

the Tribe's code addresses this requirement but omits the word immediately. We understand the 

word immediately was unintentionally omitted and that the Tribe's gaming regulations/policies, 

which interpret and implement the Gaming Code, require immediate suspension of a license 

upon receipt of notice from the NIGC. 

As the Gan1ing Code is otherwise consistent with TORA and NIGC regulations, and given 

our understanding of the Tribe's implementation of the regulation addressed above, the 

amendment is approved. If you have any questions, please feel free to contact Senior Attorney 

Esther Dittlcr at 202-420-9229. 

NEW MAILING ADDUSS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Streel NW, Mail Slop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066 

REGIONAL OFflCES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Povl, MN; Tvlso OK; Oklahoma City, OK 

WWW.NIGC.GOV 
Stillaguamish Tribe of fudians 

PC> Rox 277 . 3322 236• SL NE 

Arlingmn, W.'\ 981!2:i 

BOARD Of DIRECTORS 

Resolution 20 L 7/136 

APPROVI~G A.'\'D ADOPTING A:\f A:VIK\'Dl\H:NTTO THE STIL1AGUA..\1ISII TRIBE 

OF INDL\~'S GA.\fING CODE 

************************************************************************ 

'WHEREAS, the Stillaguamish Tribe oflndians is a party to the Treaty of Point Elliott of 

January 22, 1855, 12 Stat. 927; and is a sovereign, Federally Recognized tribe, which the U.S. 

Government acknowledged on October 27, l 976; and 

WHEREAS, the Stillaguamish Tribe of lndians Board of Directors is the duly constituted 

Governing Body of the Stillaguamish Tribe oflndians, in accordance with Articles HI, IV and V 

of the Stillaguamish Constitution; and 

WHEREAS, the Stillaguamish Tribe of Indians Board of Directors, acting in the best interest of 

their people is embarked on a course of set f-detennination; and 

WHEREAS, the authority to protect the Tribe as a sovereign political entity is vested in the 

Stillaguamish Tribe of Indians, Board of Directors under Article III and Article V, Sec. 1 of the 

Constitution, which Board has enumerated authority under Article V, Sec. I (a) to enact a 

comprehensive Law and order code which provides for Tribal, civil and criminal jurisdiction; 

under Article V, Sec 1 (b) to administer the affairs and assets of the Tribe, including TribaJ lands 

and funds; and under Article V, Sec. l(h), to exercise other necessary powers to fulfill the 

Board's obligations, responsibilities and purposes as the governing body of the Tribe; and 

WHEREAS, the Board of Directors, acting in the best interests of the Tribe, to protect and 

prese1ve the political integrity, economic security and health and welfare of the Tribe, now 

wishes to approve and adopt an amendment to the Stillaguamish Tribe oflndian's Gaming Code, 

which is attached hereto and incorporated by reforence, and does repeal all prior codes covering 

the same topics on the date of adoption of this Resolution; now 

THEREFORE BE IT RESOLVED that the Stillaguamish Tribe Board of Directors hereby 

approves and adopts an amendment to the Stillaguamish Tribe of Indian's Gaming Code and 

does hereby repeal all prior codes covering the same topics on the date of adoption of this 

Resolution. 

Resolution 20 I 7 /I 36 Phone 360-652-7362 4ft' Fax 360-659-3113 Page 1of2 
BE IT FURTHER RESOLVED that this Resolution and Code shall take effect and be in full 

force immediately upon the date of adoption of this Resolution. 

Cl!: RT I FICA TION 

As Chairman and Secretary of the Stillaguamish Tribal Board of Directors, we hereby certify 

that the above resolution was duly adopted at a meeting of the Stillaguamish Tribal Board of 

Directors held on the ·1 day of ~ , 2017 at which time a quorum was present 

an_d_a__ot_e_--- ;--o . -- po ed and 0 ·::: ( t 7? 

SHAWN YANITY, Chairman plij<filciAPECOR, fecret~ 

Resolution 2017 /136 Phone 360·652-7362 "' Fax ::S60-659-3113 Page 2 of2 
STILLAGUAMISH TRIBE OF INDIANS 

GAMING CODE 

TABLE OF CONTENTS 

CHAPTER 1 - GENERAL PROVISIONS 

SECTION l. Scope 

SECTION 2. Purpose and Construction 

SECTION 3. Definitions 

SECTION 4. Owne1'Ship of Gaming 

CHAPTER 2 - GAMING COMMISSION 

SECTION 1. Establishment of Gaming Commission 

SECTION 2. Appointment of Gaming Commission 

SECTION 3. Disqualification for Office 

SECTION 4. Terms of Office 

SECTION 5. Removal from Office 

SECTION 6. Office1·s and Officers Duties 

SECTION 7. Commission Meetings 

SECTION 8. Compensation for Serving 

SECTION 9. Regulatory Responsibilities and Establishment of Regulations 

SECTION 10. Powers and Duties 

SECTION 11. Annual Reports 

SECTION 12. T1ibal Gaming Commission Agents 

SECTION 13. Due Process 

SECTION 14. Annual Budget 

CHAPTER 3 - GAMING ACTIVITIES AND REVENUES 

SECTION 1. Permitted Gaming Activities 

SECTION 2. Gaming Revenues 

SECTION 3. Operation of Gaming Establishment 

SECTION 4. Audits 

CHAPTER 4 - LICENSING 

SECTION 1. Licensing Required 

SECTION 2. Types of Licenses 

SECTION 3. Facility License Application and Renewal 

SECTION 4. License Applications 

SECTION 5. License Determinations 

SECTION 6. Class A, Class B, and Vendor License Renewal 

Enacted on St::ptember 7, 2017, pursuant to Hoard of Director Resolution No. 2017/ 136 
SECTION 7. Standards of Conduct 

SECTION 8. License Suspension 

SECTION 9. Application Forms 

CHAPTER 5- SUPPLEMENTAL PROVISIONS 

SECTION 1. Class II Gaming: T1ibal-State Compact 

SECTION 2. Inte1·est in Management Contracts by Tribal Officials 

SECTION 3. Service of Process 

SECTION 4. T1ibal Gaming Corporation 

SECTION 5.Compliance with Bank Secrecy Act 

SECTION 6. Repeal of Prior Gaming Ordinances: Effective Date 

SECTION 7. Severnbility 

SECTION 8. Amendments 

SECTION 9. Sovereign Immunity of the Commission 

SECTION 10. Soven~ign Immunity Preserved 

CHAPTER 1 - GENERAL PROVISIONS 

SECTION l. Scope 

The Stillaguamish Tribe oflndians, a federally recognized Indian Tribe ("Tribe"), hereby enacts 

the following ordinance to govern gaming activities on Stillaguarnish TribaJ lands. The 

ordinance shall be known as the Stillaguamish Gaming Code ("Gaming Code"). This Gaming 

Code and any regulations promulgated under this Code shall constitute the entire Gaming 

Regulations for the Tribe. Unless specifically stated otherwise, all provisions of this ordinance 

shall apply to Class 11 and Class III gaming on the Tribe's lands. 

SECTION 2. Pul'pose and Construction 

The Stillaguamish Board of Directors, pursuant to its authority under Article V of The 

Constitution of the Stillaguamish Tribe of Indians, hereby enacts this Gaming Code for the 

purpose of establishing the terms for gaming on Stillaguamish Tribal lands for Tribal 

goverrunental and charitable purposes, and to develop and operate such gaming consistent with 

the fu1dings herein and in conformity with the Indian Gaming Regulatory Act (25 U.S.C. § 2701 

et seq. ("TGRA") and regulations promulgated Wlder this Code, as well as other applicable laws. 

(A) The Tribe finds that: 

1. Gaming on its Tribal lands is a valuable means of generating revenues that are needed for 

economic development; to promote Tribal self-sufficiency , employment, job training, 

and a strong tribal government; and to fund and ensure essential social programs and 

services; 

2 

Enacted on September 7, 2017, pursuant lo I3uard of Director Resolution No. 2017/ I 36 
2. The Tribe desires to conduct certain forms of gaming to provide needed revenues to the 

Tribe, and to regulate and control such gaming in a manner that will protect the 

environment, the Tribe's reservation, the health, security and general welfare of the 

Tribe, the players, and the community; and, 

3. The Tribe desires to own all gaming on Tribal lands, and to manage and regulate such 

gaming in a manner that will adequately address such special interests and needs of the 

Tribe. 

SECTION 3. Definitions 

Unless specified otherwise, terms used herein shall have the same meaning as in the IGRA, 

including but not limited to references to «Net Revenues", "Class I", "Class 11", and "Class III" 

gaming, except for references to "Commissioners'', "Commission'', or "Gaming Commission", 

which shall mean the Stillaguamish Gaming Commission or its Commissioners and the 

Commission's Tribal Gaming Agency staff, established and described herein. 

(A)''Applicant" means an individual or entity that applies for a tribal gaming license or 

certification. 

(B) «Board of Directors" shall mean the governing body of the Stillaguamish Tribe pursuant to 

Article IV of the Tribes Constitution. 

(C) "Business Day" shall mean each day other than Saturday and Sunday or other day on which 

commercial banks in the State are not open for business. 

(D)"Calendar Days" shall mean a day that consists of a 24 hour period and nms consecutively 

with the calendar to include Saturdays and Sundays. 

(E) "Class l Gaming" means social games solely for prizes of minimal value; or, traditional 

forms of Indian gaming when played by individuals in connection with tribal ceremonies or 

celebrations. Unless defined as Class II or Class III gaming as defined in this Gaming Code, 

Class I gaming will not fall under the purview of the Stillaguamish Tribal Gaming 

Commission: 

(F) "Class ll Gaming" means: 

I. the game of chance commonly known as bingo (whether or not electronic, computer, or 

other technologic aids are used) when players: 

a. play for prizes, including monetary 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 

3 

Enacted on Septemher 7, 2017, pursuant to Hoard of Director Resolution No. 2017/ 136 
c. win the game by being the first person to cover a designated pattern on such cards. 

2. Pull tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, if 

played in the same location as bingo and lotto; 

3. Non-banking card games that: 

a. are explicitly authorized by laws of the State of Washington, or 

b. are not explicitly prohibited by the laws of the State of Washington and are played 

legally at any location within the State, and 

c. Players play in conformity \Nith those laws and regulations (if any) of the State 

regarding periods of operation of such card games and limitations on wagers or pot 

prizes in such card games. 

4. The Term "Class TI Gaming" does not include any banking card games, including 

baccarat, chem de fer, blackjack (21), and pai gow. 

(G)"Class Ill Gaming" means all forms of gaming that are not Class I Gaming or Class II 

Gaming and are defined in 25 U.S. C. § 2703(8) and by regulations and formal rulings of the 

National Indian Gaming Commission and are authorized under the Compact as Class TIT 

games. 

(H)"Closely Associated Independent Contractor" shall mean any contractor that shares common 

ownership, officers, or directors with any management principal or person related thereto. 

(1) "Commission" means the Stillaguamish Tribal Gaming Commission, established to perform 

gaming regulatory oversight and to monitor compliance with all Class II and Class TIT 

gaming upon Tribal property and to maintain compliance with all Tribal, Federal, and 

applicable State of Washington gaming regulations and is further described in Section 5 

below. 

(J) "Commission Regulations" shall mean the rules and regulations of the Commission that set 

forth the processes and procedures in connection with, but not limited to, the regulatory 

responsibilities of the Commission duly enacted pursuant to Section 4(K) of this Code. 

(K) "Commissioner" means a Stillaguamish Tribal Gaming Commissioner. 

(L) "Compact" means a Stillaguarnish Tribal-Washington State Compact concerning Class Ill 

gaming approved by the Secretary of the Interior and published in the Federal Register 

pursuant to 25 U.S. C. § 2710( d). 

4 

Enacted on September 7, 2017, pursuantto Board of ))irector Resolution No. 20 I 7/ 136 
(M) "Directly Related To" means a spouse, child, parent, grandparent, grandchild, aW1t, W1cle, 

or first cousin. 

(N)"Director" means the Director of the Tribal Gaming Agency who is responsible for carrying 

out the daily business duties for the Stillaguamish Tribe as prescribed by the Stillaguamish 

Gaming Commission and outlined in Section 5(A) of this Code and Tribal Resolution 

2007/153. 

(O)"Gaming" shall mean an activity in which a person stakes or risks something of value on the 

outcome of a contest of chance or a future contingent event, not lUlder his or her control or 

influence, upon an agreement or lU1.derstanding that the person, or someone else, will receive 

something of value in the event of a certain outcome, but shall not include bona fide business 

transactions. 

(P} "Gaming Activities" shall mean any Class Tl or Class m gaming activity conducted by or 

under the jurisdiction of the Tribe and permitted by the Indian Gaming Regulatory Act and 

the Tribal-State Compact. 

(Q)"Gaming Commission" shall mean the Stillaguamish Tribal Gaming Commission. See 

"Commission." 

(R)"Gaming Compact" or "Compact" shall mean a Class III Tribal-State Gaming Compact 

(contract) adopted through an agreement between the State of Washington and the 

Stillaguamish Tribe to govern the conduct of Class Ill Gaming Activities on its Tribal Lands. 

(S) "Gaming Contractor" shall mean any person or entity that supplies, vends, leases or 

otherwise purveys gaming devices or other gaming equipment, personnel, or services 

(including gaming management or consulting services) to any gaming activity or enterprise. 

(T) "Gaming Device" shall mean any device or mechanism, the operation of which a right to 

money, credits, deposits or other things of value may be created, in return for a consideration, 

as a result of the operation of an element of chance and any device or mechanism which, 

when operated for a consideration, does not return the same value or thing of value for the 

same consideration. 

(U)''Gaming Employee" shall mean any individual employed in the operation or management of 

gaming in co1U1ection with the Tribes Gaming Operation or Facility, whether employed by or 

contracted to the Tribe or by or to any person or enterprise providing gaming operation and 

management services to the Tribe, including but not limited to, gaming operations managers 

and assistant managers, accoWiting personnel and Security personnel, cashiers, dealers or 

croupiers, box person, floor person, pit bosses, shift bosses, cage personnel, collection 

personnel, gaming consultants, pari-mutuel clerks, management companies and their 

principals, and any person whose employment duties require or authorize access to areas of 

the Gaming Facility related to gaming which are not otherwise open to the public, or to areas 

designed by the Tribal and State Gaming Agencies. 

5 

Enaclcd Oil September 7, 2017' pursuant lo I30<1rd or Director Rcsolulion No. 2017 / 136 
(V)"Gaming Enterprise" shall mean any gaming business, event, enterprise or activity conducted 

by or under the jurisdiction of the Tribe. 

(W) "Gaming Facility" shall mean the building(s) in which gaming activities are conducted as 

authorized by the Indian Gaming Regulatory Act or the Tribal-State Compact. 

(X)"Gaming Services" means the providing of any goods or services to the Tribe, whether on or 

off site, directly or indirectly and in connection with the operation of Class TT and Class TIT 

gaming in the Garmng Facility, including equipment, maintenance or security services for the 

Gaming Facility. Gaming Services shall not include professional legal and accolU1ting 

services. 

(Y)"Gross Revenues" shall mean all gaming and non-gaming revenues received from the lawful 

Gaming Enterprise. 

(Z) "Immediate Family" or "Related to" shall mean persons who are the subject individual's 

spouse, parents, grandparent, grandchild, aunt, uncle, first cousin, siblings, and children 

(either adopted or biological). 

(AA)"Indian Gaming Regulatory Act" or "IGRA" shall mean Public Law 100-497, 102 Stat. 

2426, 25 U.S.C. 2710, et seq. (1988), as amended from time to time. 

(BB) "Key Employee" shall mean a person who performs one or more of the following 

functions: bingo caller, counting room supervisor, chief of security, custodian of gaming 

supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit, or custodian of 

gaming devices including those persons with access to cash and accotmting records within 

such devices. If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year, and the four most highly compensated persons in the Gaming 

Enterprise are included in the definition of Key Employees. The Gaming Commission may 

include other positions or persons into the definition of "Key Employee" by regulation. 

(CC) "Management Contract" shall mean any contract for the management of a Class II or Class 

III Gaming Facility within the meaning of the IGRA and any contract entered between the 

Tribe and a Management Contractor, which authorizes a Management Contractor to manage 

any Gaming Enterprise or Gaming Facility, including any contract defined as a Management 

Contract lU1der the IGRA by the NTGC. 

(DD) "Management Contractor" shall mean any person who is entered into a Class n or Class ITT 

Management Contract, including any person who is regarded as a Management Contractor 

within the meaning of the IGRA or the NIGC. 

(EE) "National Indian Gaming Conunission" or "NTGC" shall mean the conunission established 

under the TGRA. 

6 

Enacted on September 7, 2017, pursuant tu Buartl uf Director Resolution Nu. 20171136 
(FF) "Net Revenue" means gross gaming revenues of the Gaming Facility less: 

1. Amounts paid out as, or for, p1izes; and, 

2. Total gaming related operating expenses, excluding management fees. 

(GG)"Patron" means any person who participates as a player in gaming, or who is physically 

present on the premises. 

(HH) "Person(s)" shall mean any natural person or entity, including but not limited to 

corporations, partnerships and trusts and/or any individual, partnership, joint venture, 

corporation, joint stock company, company, firm, association, trust, estate, club, business 

trust, mWlicipal corporation, society, receiver, assignee, trustee in bankruptcy, political entity 

and any owner, director, officer or gaming employee of any such entity or any group of 

individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, 

the government of the Tribe, any governmental entity of the Tribe or any of the above listed 

forms of business entities that are wholly owned or operated by the Tribe; provided, 

however, that the tenn does not include the Federal Government and any agency thereof 

(II) "Primary Management Official" shall mean (a) the person who has management 

responsibility for a management contract; (b) any person who has authority to hire and fire 

employees or to set up working policy for the Gaming Enterprise or ( c) any Chief Financial 

Officer or other person who has financial management responsibility. The Gaming 

Commission may include other positions or persons into the definition of "Primary 

Management Official" by regulation. 

(JJ)"Principal" shall mean with respect to an entity: (a) each of its officers and directors; (b) each 

of its Primary Management Employees, including any Chief Executive Officer, Chief 

Financial Officer, Chief Operating Officer, or General Manager; (c) each of its owners or 

partners, if an incorporated business; (d) each of its shareholders who own more than ten 

percent ( l 0%) of the shares of the corporation, if a corporation; and ( e) each person other 

than a banking institution who has provided financing for the Gaming Enterprise constituting 

more than ten percent (10%) of the start-up capital or operating capital over a twelve month 

period, or a combination thereof For the purposes of this definition, where there is any 

commonality of the characteristics identified in (a) through, (b) above, or (c) between any 

two or more entities, those entities shall be deemed a single entity. 

(KK) "State" shall mean the State of Washington. 

(LL) "State Gaming Agency", "SGA" shall mean the person, agency, board, or commission, or 

official which the State has duly authorized to fulfill the functions assigned to it under an 

applicable Gaming Compact. 

(MN.I) ''Tribal Chairperson" shall mean the person duly elected or selected under the Tribe's 

organic documents, customs, or traditions to serve as the primary spokesperson for the Tribe. 

7 

1:-:nacted on Septemher 7, 2017, pursuant to Koard of Di rector Resolution No. 20 l 7 / 136 
(NN) "Tribal Court" shall mean any co mt established by the Tribe to hear disputes. 

(00) "Tribal Gaming Agency", "TGA" shall mean the employees of the Tribe that are under the 

direction of the Stillaguamish Gaming Commission and TGA Director and are assigned to 

carry out the daily gaming regulatory functions of the Stillaguamish Tribe. 

(PP) "Tribal Gaming Agent" shall mean a duly authorized officer or employee of the Gaming 

Commission. No employee of the Gaming Enterprise or member of the Board of Directors 

of the Tribe may be a Tribal Gaming Agent. 

(QQ) "Tribal Lands" shaH mean those lands on which the Tribe is authorized under the IGRA to 

conduct Gaming. 

(RR) "Tribal Member" shall mean any duly enrolled member of the Stillaguamish Tribe. 

(SS) "Washington State Gambling Commission", "WSGC" shall mean the person, agency, 

board or commission or official which the State of Washington has duly authorized to fulfill 

the functions assigned to it under an applicable Tribal-State Gaming Compact. Also see 

"State Gaming Agency". 

SECTION 4. Ownership of Gaming. 

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

gaming operation authorized by this Gaming Code, except to the extent the Tribe may contract 

with and license a person or entity to operate or manage the enterprise pursuant to the provisions 

of the IGRA or as otherwise permitted by law. 

CHAPTER 2 - GAMING COMMISSION 

SECTION 1. Establishment of Gaming Commission 

Establishment of Gaming Commission. There is hereby established by the Tribe a Gaming 

Conunission, acting under the authority of the Tribe, yet functioning independently of the Tribe, 

to be known as the Stillaguamish Gaming Commission. The Gaming Commission shall be 

governed by the Gaming Commissioners, who shall be three (3) Members of the Tribe, all of 

whom shall be appointed by the Tribal Board of Directors. The Gaming Conunissioners must 

meet the qualifications established under this Gaming Code, the Indian Gaming Regulatory Act, 

and any Gaming Compact adopted by the Tribe. The Gaming Commissioners shall appoint a 

Director of the Tribal Gaming Agency who shall have the day-to-day responsibilities of the 

oversight and administration of the Gaming Commission and the Tribal Gaming Agency. The 

Gaming Commissioners may authorize and delegate to the Director such duties, responsibilities 

and matters related to the Gaming Commission and the Tribal Gaming Agency as the 

Conunission shall deem necessary and appropriate consistent with the powers and duties set 

forth herein. 

8 

Enacted on September 7, 2017, pursuant lo I3oard of Director Resolution No. 2017/ 136 
SECTION 2. Appointment of Gaming Commission 

Appointment of Gaming Commission. The Board of Directors shall appoint Commissioners for 

three (3) year terms as defmed in Section 5(0) below. The Board of Directors shall make such 

appointments in advance of the expiration of any term of a Commissioner and as such vacancies 

arise on the Commission during the course of any term. 

(A) Sixty (60) days prior to the expiration of a term of any Commissioner and in the event of a 

vacancy on the Commission, the Board of Directors shall publish a written annoW1cement of 

the opportunity to serve on the Commission at the primary offices of the Tribe. The written 

announcement shall include a description of the qualifications that individual candidates 

must possess to serve on the Commission, the application requirements that a Tribal member 

seeking a position as a Commissioner must satisfy, and the deadline for submitting the 

application. Tribal members seeking a position as a Commissioner must submit a written 

application to the Board of Directors. The Board of Directors shall schedule a meeting for 

the purpose of selecting the Person(s) to serve on the Commission and shall publish notice of 

such meeting at least ten (10) business days prior to such meeting. 

(B) Applicants for the Commission may appear before the Board of Directors meeting scheduled 

for the purpose of selecting the person(s) to serve on the Commission. Each applicant that 

appears at such meeting shall be given the opportunity to state their qualifications for the 

position for which they applied. Following any presentations by the applicants, the Board of 

Directors shall convene in an executive session to select the Tribal Member to serve on the 

Corrunission. The Board of Directors selection shall be by majority vote. An applicant 

appointed by the Board of Directors to fill a vacant position on the Commission arising midterm shall serve the remainder of that term and shall be eligible for reappointment by the 

Board upon the expiration of that term. 

(C) At the request of the Commissioner and at the sole discretion of the Board of Directors and 

by a majority vote, the Board of Directors may reappoint an existing Gaming Commissioner 

to continue their duties into a subsequent term of appointment as Commissioner. 

SECTION 3. Disqualification for Office 

Disqualification for Office. The following persons may not serve as Commissioners: 

(A)Persons employed as Primary :Management Officials, Key Employees, gaming employees or 

persons related to Primary Management Officials, Key Employees, gaming employees or 

persons otherwise connected with the management, supervision or conduct of any gaming 

activity on Tribal Lands; 

(B) Persons related to any Gaming Contractor or l\llanagement Contractor (including any 

principal thereof or closely associated independent contractor)~ 

9 

Enacted on September 7, 2017, pursuant to Board of Director Resolution No. 2017/ 136 
(C) Persons who would not be eligible to be officers of the Tribe pursuant to the Tribe's 

Constitution~ 

(D) Unless specifically provided herein, members of the Board of Directors are not eligible to 

serve on the Gaming Conunission during their term on such Boards. 

(E) Persons who have been convicted or pied guilty to any criminal conduct which would 

preclude them from receiving a Class A license under this Code. 

SECTION 4. Terms of Office 

Terms of Office. The Commissioners shall serve for three (3) year terms calculated on a calendar 

year (January l through December 31) basis, and shall serve for three (3) year staggered terms. 

Corrunissioners may serve for more than one (l) three (3) year term. 

SECTION 5. Removal from Office 

Removal from Office. Commissioners may only be removed from office before the expiration of 

their terms by the Board of Directors for neglect of duty, malfeasance, or other good cause 

shown. The procedure for removing a Commissioner shall be the same as for removing an 

Officer of the Tribe and shall be afforded due process as per the Tribal Constitution, Article IV, 

Section 5 (2). 

SECTION 6. Officers and Officer Duties 

Officers and Duties. The Gaming Commission shall select, by majority vote, a Chairman, ViceChairman, and Secretary. The Chairman shall preside over meetings of the Gaming Commission 

and the Vice-Chairman shall preside in absence of the Chairman. The Secretary shall record in 

writing the minutes of all Gaming Commission meetings and all official actions taken by the 

Gaming Commission. Positions in office will be voted on by the Commissioners during the first 

regularly scheduled meeting in January during executive session. 

SECTION 7. Commission Meetings 

(A) Quorum. Two (2) members of the Gaming Commission shall constitute a quorum. 

(B) Voting. All actions of the Gaming Commission shall be taken by majority vote. The 

Commission Chairperson may vote on any issue. 

(C) Meetings. Meetings shall be held twice a month, on the second (2nd) Monday and fourth 

(4111) Monday of each month at 4:00 p.rn. a1t the Tribe's administration building ("scheduled 

meetings"). Any tribal member may attend scheduled meetings. Scheduled meetings may be 

changed at any time by the Gaming Commission, with notice of such change posted 

prominently at least (5) business days in advance at the Tribe's administration building. 

Additional meetings shall be held as called by the Chairman or by at least two (2) other 

10 

Enactt:d on September 7, 2017, pursuant to Board of Director Resolution No. 2017/ 136 
Commissioners. Notice of meetings shall be given in writing to each Commissioner, served 

by email, first class mail, or personal delivery at least three (3) business days prior to such 

meeting; however, meetings may be called at any time, by any means, with unanimous 

consent of the Commissioners. 

1. Meetings on Commission Regulations. All Commission discussions, deliberations, and 

votes taken regarding Commission Regulations shall be conducted at regularly scheduled 

meetings and shall be open to any Tribal member and any gaming employee. All final 

action shall be taken on Commission Regulations at regularly scheduled meetings. 

2. Meetings on License Applications and Investigations. All Commission discussions, 

deliberations, and votes taken regarding specific license applications and related 

background investigations, or any other investigations, and any other matter the 

Commission deems must be kept confidential in order to preserve the integrity of the 

Gaming Enterprise or the Tribe or to protect the privacy of the applicant, shall be held in 

executive session. 

SECTION 8. Compensation for Serving 

Compensation for Serving: Fringe Benefits: Reimbursement of Expenses. Commissioners may 

be compensated for serving on the Commission at rates to be set by the Board of Directors 

through the annual budget process provided for in Chapter 2, Section 14. The base level of 

compensation shall be identical for all Commissioners. Step increases in compensation may be 

allowed based on the length of service and at the discretion of the Board of Directors pursuant to 

the annual budget of the Commission. Commissioners may be entitled, at the discretion of the 

Board of Directors, to receive benefits that are available to other employees of the Tribe. 

Corrunissioners shall be reimbursed for expenses incurred in connection with the performance of 

their Gaming Commission duties. 

SECTION 9. Regulatory Responsibilities and Establishment of Regulations 

Regulatory Responsibilities: Establishment of Commission Regulations. The Gaming 

Commission and the Tribal Gaming Agency are regulatory entities of the Tribe and shall have 

the duty, and primary responsibility to carry out the Tribe's regulatory responsibilities for the onsite regulation and safeguarding of the gaming activities conducted at the Gaming Facility as 

authorized by the IGRA, this Gaming Code, and the Tribal-State Compact. The role of TGA is 

gaming re!:,rulation and the TGA shall not have the authority to engage in operational 

management or personnel matters. The Gaming Commission and Tribal Gaming Agency in the 

course of their re!:,rulatory duties shall not be involved in the management decisions of the Tribal 

Gaming Enterprise, provided that such decisions do not violate rules and regulations established 

by the IGRA, this Gaming Code, Commission Regulations, or the Tribal-State Compact. To 

carry out those responsibilities in an orderly manner that functions cohesively with the Gaming 

Operation, promotes due process and fairness, ensures the sound operation of the Gaming 

Facility, protects the integrity of the Gaming Activities and the reputation of the Tribe, and 

protects the reputation of the Gaming Enterprise for honesty and fairness, the Gaming 

1 I 

Enacted on September 7, 2017, pursuant to Board ofDireclor IWsolution No. 2017/ 136 
Commission shall promulgate Commission Regulations that set forth the processes and 

procedures to be followed by the Commission and Tribal Gaming Agency in connection with., 

but not limited to, the following regulatory duties, responsibilities and actions: 

(A)A regulatory system for overseeing gaming activities, including establishing accounting and 

contracting guidelines and establishing guidelines and procedures to obtain, access, and 

inspect records and data of the Gaming Facility and patrons. 

(B) The conduct of inspections, investigations, hearings, enforcement actions, and other powers 

of the Commission authorized by this Gaming Code, the Tribal-State Compact, and the 

lGRA. 

(C) The findings of any hearings, enforcement actions, reports, or other information required by 

or necessary to implement this Gaming Code, the Tribal-State Compact, or the lGRA. 

(D)lnterpretation and application of this Gaming Code, the Tribal-State Compact, and the IGRA, 

as may be necessary to enforce the Commission's duties and exercise its powers. 

(E) The Commission shall establish such Commission Regulations in writing. The Commission 

shall post proposed Commission Regulations at the Tribe's administration building. The 

Commission shall allow comment on proposed regulations at the scheduled meeting during 

which it considers the adoption of any proposed Commission Regulation. 

(F) Upon adoption by the Commission of any Commission Regulations, such Commission 

Regulation shall be filed with the office of the Secretary of the Board of Directors and shall 

be accessible to all Tribal members, Primary Management Officials, Key Employees, and 

gaming employees of the Gaming Facility. Commission Regulations will become effective 

upon approval by the Board of Directors pursuant to a Tribal resolution. 

SECTION 10. Powers and Duties 

Powers and Duties. The Gaming Commission shall have the power, duty, and primary 

responsibility to carry out the Tribe's gaming regulatory responsibilities under Federal or Tribal 

Law and the Compact; to enforce those requirements; and to protect the integrity of the gaming 

activities and the reputation of the Tribe and the Gaming Operation for honesty, fairness, and 

confidence of patrons, under provisions to include the following: 

(A) Inspect, examine, and monitor gaming activities and gaming facilities, including the authority 

to obtain access to and inspect, examine, photocopy, and audit all papers, books, and records 

respecting such. 

(B) Investigate any susp1c1on of wrongdoing or violations in co1U1ection with any gaming 

activities, and require correction of violations as the Gaming Commission deems necessary, 

including issuing Notices of Violation, establishing and imposing fines or other sanctions 

against licensees or other persons who interfere with or violate the Tribe's Gaming 

12 

Enacted on St:ph.:mbcr 7, 2017, pursl~mt lo I3oar<l ol"Dircctor Rc~olution No. 2017/ 136 
regulatory requirements wider the Commissions Regulations, applicable Federal Law, Tribal 

Law, or the Compact. 

(C)Conduct, or cause to be conducted, such investigations in connection with any gaming 

activity as may be necessary to determine compliance with law, including this Gaming Code, 

or with any contracts, agreements, goods, services, events, incidents, or other matters related 

to the Gaming Activities. 

(D)Conduct, or cause to be conducted, backgrolllld investigations regarding any person in any 

way connected with any gaming activities and issue licenses to, at minimum, all Key 

Employees and Primary Management Officials according to requirements at least as stringent 

as those in 25 C.F.R. parts 556 and 558 and the Tribal-State Compact, as well as any persons, 

employees, investors, contractors, or others required to be licensed under standards 

established by this Gaming Code, Commission Regulations, the lGRA, or the Tribal/State 

Compact. 

(E) Hold such hearings, sit and act at such times and places, summon persons on Tribal Lands to 

attend and testify at such hearings, take such testimony, and receive such evidence as the 

Gaming Commission deems relevant in fulfilling its duties. Consistent with "Due Process" 

Chapter 2, Section 13 below, all hearings shall be conducted and testimony and evidence 

shall be received in a manner that promotes due process and fairness for all parties involved, 

and that preserves the reputation of the Tribe and the Gaming Commission for fairness and 

due process of law. Decisions rendered by the Commission are final and are not subject to 

further appeal 

(F) Administer oaths or affirmations to witnesses appearing before the Gaming Corrunission. 

(G)lmplement and administer a system for investigating, licensing, monitoring, reviewing, and 

renewing licenses for the Gaming Facility, gaming employees, gaming contractors and 

persons, vendors, supphers, investors, and others connected with gaming activities, as 

described below, including the issuance of licenses to gaming facilities, individuals, and 

entities as required under this Gaming Code, Commission Regulations, the IGRA, or the 

Compact; 

(H)Hear patron disputes against the Gaming Enterprise, in accordance with the procedures 

established in this Gaming Code, Commission Regulations, or the Tribal-State Compact. 

(I) Hire such staff and support services as deemed necessary, subject to a budget approved by 

the Board of Directors pursuant to Chapter 2, Section 14 below. 

(J) To arrange for training of Commissioners and the Tribal Gaming Agency staff in areas 

related to the regulation or operation of gaming. 

13 

Enactt:d on Scplcmbt:r 7, 2017, pursuant lo Board of Director Resolution No. 2017/ 136 
(K)To the extent required, comply with any reporting requirements established under this 

Gaming Code, a Compact to which the Tribe is a party, or other applicable law, including the 

IGRA and Gaming Commission regulations. 

(L) Establish and impose license fees, sanctions, fines, and conditions, and renew licenses; deny, 

suspend, or revoke licenses; and issue temporary or conditional licenses as appropriate under 

the provisions of this Gaming Code, the TGRA, or the Compact. 

(M) Investigate and report violations and compliance failures as required under this Gaming 

Code, the IGRA, or the Compact. 

(N)Investigate and ensure compliance with any requirements for Tribal ovvnership, management, 

and control of the Gaming Facility and Gaming Operation as set forth in Tribal or Federal 

Law or the Compact. 

(O)Investigate and ensure compliance with age restrictions for patrons including provisions 

prohibiting minors in the Gaming Facility. 

(P) Issue identification cards or badges to those persons required to be licensed and require such 

cards or badges to be worn at all times while in the Gaming Facility. 

(Q)Review and monitor gaming facilities on Tribal lands, issue certifications, and ensure 

Gaming Facility compliance with any inspection and licensing requirements under Federal or 

Tribal Law and the Compact. 

(R)Carry out any requirements under Tribal or Federal Law or the Compact for the protection of 

the health and safety of Gaming Facility patrons, guests, gaming employees, and vendors 

including requirements that Gaming Facilities meet building and safety codes duly adopted 

by the Tribe. 

(S) Prepare and submit for the Board of Directors approval, proposals including a budget and 

monetary proposals, which would enable the Tribe to better cany forth the policies and intent 

of this Gaming Code. 

(T) Carry out such other duties with respect to gaming activities on Tribal Lands as this Gaming 

Code, Commission Regulations, the IGRA, or the Tribal/State Compact shall direct. 

SECTION 11. Annual Reports 

Annual Reports. On or before November 15 of each year, the Gaming Commission and/or the 

TGA Director shall provide to the Tribal Board of Directors an annual report summarizing its 

activities during the prior twelve (12) month period ending on September 30, and accounting for 

revenues, receipts, and disbursements. The Tribal Board of Directors shall cause copies of the 

annual report to be made available to the Tribal Membership within thirty (30) days after receipt. 

14 

Enacted on Septemher 7, 2017, pursuant to Hoard of I )irector Resolution No. 2017 / l 36 
SECTION 12. T1ibal Gaming Commission Agents 

Tribal Gain ing Commission Agents. The Gaming Commission will employ Tribal Gaming 

Agents who shall report to and be under the supervision of the Gaming Commission and the 

TGA Director. Tribal Gaming Agents shall have the authority to exercise, on behalf of the 

Commission and the TGA Director, the duties of the Commission as set forth in this Gaming 

Code. The Tribal Gaming Agents shall have wu-estricted access to the Gaming Facility during 

all hours for the purpose of making inspections and examining the accounts, books, papers, and 

documents of the Gaming Facility in accordance with this Gaming Code and Commission 

Regulations. All gaming employees of the Gaming Facility shall facilitate such inspection or 

examinations by giving every reasonable aid to the Commission and to any properly authorized 

Tribal Gaming Agents. 

SECTION 13. Due Process 

Due Process. The Gaming Commission shall provide due process to address decisions made by 

the Stillaguamish Tribal Gaming Agency and provide notice and a hearing to utilize its 

enforcement capabilities in the administration of its powers and duties. The Gaming Commission 

shall adopt Policies and Procedures governing procedures for hearings on appeal specifying how 

a person requests an appeal, notice of hearings, record, and issuance of decisions. All decisions 

of the Gaming Conunission are final and not subject to further appeal. 

SECTION 14. Annual Budget 

Annual Budget. On or before October l 1 of each year, the Gaming Commission and TGA 

Director shall submit to the Board of Directors, for its approval, an annual budget for the Gaming 

Commission to enable the Commission to carry out the policies and intent of this Gaming Code. 

CHAPTER 3 ~GAMING ACTIVITIES AND REVENUES 

SECTION 1. Permitted Gaming Activities 

(A) Unauthorized Gaming Prohibited. All gaming activities on Tribal lands (whether Class I, II, 

or ITT) are prohibited except as expressly authorized under this Gaming Code. 

(B) Class I Gaming. A tribal license shall not be required for any Class I gaming activity or 

operation provided; however, that each Class r gaming activity or operation must have 

written permission of the Board of Directors, and such permission must be on file with the 

Tribal Secretary, before any such Class I gaming is conducted. 

(C) Class lI and III Gaming. Class II and Class III gaming on Tribal lands is hereby authorized, 

provided the Tribe has the sole proprietary interest in and responsibility for the conduct of 

any Gaming Enterprise, or to the extent the Tribe may contract with and license a person or 

entity to own, operate or manage the Gaming Enterprise pursuant to the provisions of the 

IGRA or as otherwise permitted by law. Nothing herein shall prohibit the Tribe from 

15 

Em1cted on September 7, 2017, pursuant to Board of Director Resolution No. 2017 / 136 
engaging any person or entity to assist the Tribe in the management of a gaming activity 

pursuant to a management agreement entered into under the provisions of the IGRA. Class 

m gaming shall be conducted in accordance with the Compact or any alternative thereto as 

provided by the IGRA. 

SECTION 2. Gaming Revenues 

(A) Tribal Property. Except as provided for under the terms of an agreement pursuant to the 

provisions of the IGRA or as otherwise permitted by law, all revenues generated from any 

Class II or Class Ill gaming activity shall be the property of the Tribe. Any profits or net 

revenues from gaming activities shall be deposited into the Tribe's general treasury. Once 

becoming part of the treasury such funds shall lose any identity as gaming revenues except 

to the extent necessary to identify them as such in order to comply \vith applicable law. No 

Tribal member shall be deemed to have any interest in such profits or net revenues, provided 

that the Tribe may adopt rules for distributing gaming proceeds to Tribal members on a per 

capita basis provided such plan meets the requirements of the IGRA, 25 U.S.C. § 2710 

(b)(3). Payments from the general treasury funds to Tribal members under other tribal 

programs, including those related to health, welfare, education, elderly care, and housing, 

shall not be deemed to be "'per capita" payments. 

(B) Use of Net Revenues. Net Revenues from gaming activities shall not be used for purposes 

other than: 

I. To fund Tribal government operations or programs; 

2. To provide for the general welfare of the Tribe and its members; 

3. To promote economic development for the Tribe; 

4. To donate to charitable organizations; or, 

5. To help fund operations of local government agencies. 

SECTION 3. Operation of Gaming Establishments 

(A) Gaming Permitted as Licensed. Except to the extent authorized by an agreement pursuant to 

the provisions of the IGRA or as otherwise permitted by law, gaming activities shall only be 

conducted in Tribally o\vned, operated, and licensed facilities pursuant to the provisions of 

this Gaming Code. Such activities shall be conducted in accordance with the tenns and 

conditions of any license issued by the Gaming Commission to each facility, and each 

license must be issued to the facility prior to any Gaming Activities in the facility. Such 

license investigation shall include the hours of operation, type and scope of gaming 

activities allowed, permitted uses of the facility for other activities, rules of conduct for 

employees and patrons, regulation of alcoholic beverages, food handling and entertainment, 

16 

Enacted on September 7, 20 l 7, pursuant lo 13oard of Director R£solution No. 2017/ 136 
and such other matters as the Gaming Commission may deem necessary to the conduct of 

gaming activities. 

(B) Protection of Environment and Public. Construction or maintenance of any gaming facility, 

and the operation of gaming therein, shall be conducted in a manner which adequately 

protects the environment and the public health and safety. 

(C) Patron Dispute Resolution. Patrons who have gaming complaints against the Gaming 

Enterprise shall have as their sole remedy the right to file a petition for relief \vlth the 

Gaming Commission. For such purposes, disputes with any management contractor or its 

employees shall be made to the Gaming Conunission, and such shall be the exclusive 

remedy for patron complaints. Complaints shall be submitted in writing and, at the 

discretion of the Gaming Commission, the petitioner may be allowed to present evidence. 

The Gaming Commission will render a decision in a timely fashion and all such decisions 

wilt be final when issued and shat! not be subject to any further appeal. Any patron having a 

claim against the Gaming Establishment or a management contractor or its employees must 

submit such claim to the Gaming Commission within thirty (30) days of its occurrence. The 

liability of the Gaming Facility in any dispute Wlder this section shall be limited to the 

amount of the alleged winnings. No complainant shall be entitled to any other award, 

including but not limited to special or punitive damages, or damages for mental distress. 

SECTION 4. Audits 

(A) Annual Audits. Annual outside auditing by a recognized independent accounting firm shall 

be conducted on each gaming activity and the results made available to the Tribal Board of 

Directors and submitted the National Indian Gaming Commission f'NIGC") or another 

entity as may be required by law. 

(B) Audit Reguirements. All contracts for supplies, services, or concessions for a contract 

amount in excess of, but not limited to $25,000 annually (except contracts for professional 

legal or accounting services) relating to Class II or Class III gaming on Tribal lands shall be 

subject to and included in the annual independent audits. 

CHAPTER 4 - LICENSING 

SECTION l. Licensing Required 

Licensing Required. It is the declared policy of the Tribe that all gaming activities be licensed 

and controlled so as to protect the morals, good order, and welfare of Tribal members and other 

persons on Tribal lands and to preserve the honesty, fairness and integrity of such gaming 

activities. Accordingly, no person shall engage in any Class ll or Class lll gaming activities on 

Tribal lands without an appropriate and valid independent Class II or Class III license which 

meets the standards set forth in this Gaming Code, the Commission Regulations, the TGRA, and 

the Compact, and which is issued by the Gaming Commission through the TGA. This licensing 

requirement does not apply to patrons. Any gaming license, or finding of suitability or approval, 

17 

Enacted on September 7, 2017, pursuant to I3oar<l of Director Resolution No. 2017/ 136 
which is issued by the Gaming Commission, shall be deemed a privilege subject to suspension or 

revocation. No license shall be issued that would place the Tribe in violation of an applicable law 

or the Compact. 

SECTION 2. Types of Licenses 

Types of Licenses. Two classes of licenses (Class A and Class B) shall be issued to persons 

associated with gaming activities, and a facility license shall be issued to any facility where 

gaming activities are conducted on Tribal lands. All licenses must be in compliance with the 

requirements of this Gaming Code, Commission Regulations, the TGRA and the Gaming 

Compact. 

(A) Class A Licenses. Before permitting any person to become permanently associated with any 

gaming activity as an investor or other person owning or controlling 10% or more of any 

interest in any management entity, or any Primary Management Official, Key Employee, 

closely associated independent contractor, or other individual or entity with influence over 

the management or operation of the Gaming Facility, or a Class II or ill gaming employee, 

supplier, manufacturer or distributor, such person shall obtain a Class A license. The Gaming 

Conunission and/or TGA Director, at their sole discretion, are authorized to require persons 

employed in any gaming related position to hold a valid Class A license. The Gaming 

Conunission through TGA shall conduct or cause to be conducted a background investigation 

to determine if such person has: 

a. Any criminal record or any reputation, prior activities, habits, or associations which 

might pose a threat to the public interest or to the effective regulation of gaming; 

b. Any groWlds for denial of State Certification as identified in Section V.C. of the 

Tribal/State Compact; or 

c. Anything else in their background which might create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of 

gammg. 

Notwithstanding the above, the Gaming Commission through TGA may immediately issue a 

license to an applicant who is NOT a Key Employee or Primary Management Official if the 

prospective employee or entity has a current Class TIT gaming license or Class III 

certification issued by the State Gaming Agency and the State Gaming Agency certifies that 

the prospective employee or entity is in good standing and the employee or entity consents 

to disclosure of their records to the Gaming Commission. The Gaming Commission through 

TGA shall notify the NIGC of any license issued under this provision within 30 days in 

accordance with Section S(D) below. 

(B) Class B Licenses. Persons who are not among those identified in subsection lO(E)( l) above, 

but are employed at a Gaming Facility on Tribal lands in other gaming related positions or in 

non-gaming activities, shall be required to obtain a Class B license from the Gaming 

18 

Enacted on September 7, 2017, pursuant Lo I3oar<l of Director Rcsolulion No. 2017/ 136 
Commission. Such persons must establish that they have not been convicted of a crime, or 

engaged in any activity, which the Gaming Commission and/or TGA Director, in their sole 

discretion, deems would render such person a danger to the safety or integrity of the gaming 

activities or the safety or property of the Tribe, any Tribal member, gaming employee, patron 

or the public. 

(C) Facility Licenses. The Tribal Gaming Conunission through TGA shall issue a separate 

license on an annual basis to each place, facility, or location on Tribal lands where Class ll 

and/or Class m gaming is conducted as per this code. The Tribal Gaming Conunission shall 

specify the form, conditions, and content for the issuances of such license. TGA will forward 

to NIGC information regarding any newly issued facility license, any renewed facility 

license, any denied facility license, and any expired facility license. 

(D) Vendor Licenses. Vendors, suppliers, and other entities doing business with the Gaming 

Enterprise shall be required to obtain a license from the Gaming Commission under the 

processes established by Gaming Commission Regulations. Vendor Licenses shall meet all 

requirements of Conunission Regulations, Tribal and Federal Laws and Regulations, and the 

Tribal-State Compact. 

I. Gaming Vendor License. Vendors of goods and services directly related to Class ll or 

Class Ill gaming and non-exempt gaming financers must meet all federal, Tribal, and 

State certification and/or licensing requirements. The gaming vendor license must be 

renewed annually. Each manufacturer of Class lTI gaming services shall be licensed by 

the Tribal Gaming Agency and certified by the State Gaming Agency prior to the sale of 

any gaming services to the Tribe, as per the Tribal-State Compact, Section lV, paragraph 

C, "Manufacturers and Suppliers of Gaming Services." The Tribe or Tribal Gaming 

Enterprise shall not enter into, or continue to make payments pursuant to any contract or 

agreement that would require licensing if the gaming vendor has been denied a license or 

is deemed unsuitable or the license or suitability determination has expired without 

renewal. 

2. Exemption for Gaming Financiers. Financers for a Class IT or Class TIT gaming enterprise 

that are either an agency of the United States or are a federally regulated commercial 

lending institution that is Federal Deposit Insurance Corporation (FDIC) backed or 

persons employed by such shall be exempt from licensing requirements. All gaming 

Class ITT financers are to meet the requirements as outlined in Section IV, Paragraph D., 

Financiers, contained in the Stillaguamish-Washington State Tribal Compact. 

3. Exemption for Professional Legal Services. Professional legal services shall not be 

subject to the certification and licensing requirements of this Code. 

4. Non-Gaming Vendor License. Vendors that are not deemed to be gaming vendors and 

who provide only non-gaming goods and services to the Gaming Facility and that do not 

have the ability to impact the integrity of the Gaming Enterprise shall be required to 

complete a condensed licensing application. These services include, but are not limited 

19 

Em1ctcd on September 7, 2017, pursuant lo I3oard of Director Ri:solulion No. 20171136 
to, services such as media advertising, facility maintenance services, linen and laundry 

services, or food and beverage suppliers. 

5. State Lottery Retailers. All State lottery retailers shall be required to complete a 

condensed licensing application. 

(E) Conditional Licenses. A conditional license is a license that is issued by the Gaming 

Commission through the TGA that allows the employee to be employed by the Gaming 

Enterprise and contains, expresses or is dependent upon defined criteria established by the 

Gaming Commission that must be met in order for the employee to work or continue 

working for the Gaming Enterprise. Regularly scheduled reviews will be conducted by the 

Gaming Commission to monitor and make certain that the employee is meeting the 

conditions as described and outlined for continuation of licensure. A conditional license may 

be instituted at any time, provided that the issuance complies with any applicable 

requirements of the Compact and IGRA. When the tenl1S of the conditional license are met, 

the licensee will be granted the appropriate regular Gaming Commission license. 

SECTION 3. Facility License Applications and Renewals 

(A)lnitial application. The Chief l\tlanagement Official of the Gaming Enterprise shall submit to 

the Tribal Gaming Commission ( l) the legal description of the lands where the facility is 

located and a certification that said premises constitute "Indian Lands" as specified in the 

IGRA and (2) a list identifying the environmental, health, and public safety standards with 

which the facility must comply and a certification that the facility is in compliance with the 

standards. The Tribal Gaming Conunission through TGA shall only issue such licenses if the 

applications include the required information and certifications and if such further conditions 

set by the Tribal Gaming Commission have been met. 

(B) Renewals of facil ity license. 

I. Every three (3) years, a full audit of each facility license shall be conducted by TGA to 

identify any changes or additions to the legal description and applicable environmental, 

health, and safety standards and to document current certifications of compliance with the 

standards. The Tribal Gaming Commission through TGA shall only issue such licenses if 

the required information and certifications and such further conditions set by the Tribal 

Gaming Commission have been met. 

2. In the interim years, TGA will issue annual facility licenses after ensuring that no 

changes have been made to the gaming facility regarding the requirements in Chapter 4, 

Section 3(A) above. If changes are identified, TGA shall conduct a full renewal audit as 

described in Chapter 4, Section 3(B)( l) above. 

SECTION 4. License Applications 

20 

Enacted on Septemher 7, 2017, pursuant to Hoard of Director Resolution No. 20 l 7/ 136 
(A) Burden on Applicant. The burden of proving an applicant's qualification to receive any 

license under this Code is at all times upon the applicant. Applicants must accept any risk of 

adverse public notice, embarrassment, or other action which may result from the application 

process and expressly waive any claim for damages as a result of the application process. 

(B) Applicant Claim of Privilege. An applicant may claim any privilege afforded by law in 

connection with a gaming license application or investigation, but a claim of privilege with 

respect to any testimony or evidence may constitute sufficient grolUlds for denial, 

suspension, or revocation of a license. 

(C) Release of Information. All persons applying for a license shall agree to release all 

information necessary in order for the Gaming Commission to achieve its goals under this 

Gaming Code, and to furnish such information to the NTGC or such other governmental 

agency as may be required by law or the Compact. 

(D) Temporary Licenses. Pending completion of an investigation for a license, a temporary 

license of no more than ninety (90) days duration may be issued by the Gaming 

Commission only in exceptional circumstances if, in their sole discretion, it deems it 

appropriate to do so. Such licenses shall permit the licensee to engage in such activities and 

pursuant to such terms and conditions as may be specified by the Gaming Corrunission. 

Such temporary licenses shall expire ninety (90) days from date of issuance, upon issuance 

of a regular license, or until an established expiration date, whichever occurs first. 

(E) License Investigations. The Gaming Commission through TGA may employ all reasonable 

means, including engaging outside services and investigators, and convene hearings, to 

acquire the information necessary to determine whether or not a license should be issued. 

Applicants shall also agree to release all information necessary in order for the Gaming 

Commission to achieve its goals under this section and to furnish such information to the 

Gaming Commission, the NIGC or other Federal Agency, or such other agency as may be 

required by law or the Compact. 

(F) Full Disclosure. Full license disclosure on a prospective employee or vendor application is 

mandatory. Omissions from any application will be grounds for denial of a license issued 

by the Gaming Commission. The responsibility of full disclosure is that of the prospective 

employee or vendor. Should the prospective employee or vendor fail to disclose all 

mandatory pertinent information requested by the Gaming Commission or TGA, the 

prospective employee or vendor will be allowed five (5) working days to provide such 

information. In the event of out of State document requests, the prospective employee or 

vendor will be given up to ten (I 0) working days to provide the requested information to the 

Gaming Conunission. Should the prospective employee or vendor fail to submit the 

requested information within the timelines specified above the license application will be 

administratively closed. 

(G) Applicant Pre-Qualification Guidelines. The Gaming Commission through TGA shall deny 

a gaming license to any prospective employee applicant or prospective vendor applicant 

21 

Enacted on Scplcmbcr 7, 2017, pursuant lo I3oar<l of Director Resolution No. 2017/ 136 
who has ever committed any of the following crimes under the law of any jurisdiction, or is 

the subject of a civil judgment in any jurisdiction that is based upon facts which constitute 

the elements of the following crimes: 

1. Murder 

2. Assault 

3. Kidnapping 

4. Rape 

5. Unlawful Sexual Penetration 

6. Sexual Abuse 

7. Any Crime Related to Child Pornography 

8. Forgery 

9. Possession of Forgery Devices 

I 0. Unlawful Factoring of a Credit Card Transaction 

11. Falsifying Business Records 

12. Sports Bribery or Receiving a Sports Bribe 

13. Making a False Financial Statement 

14. Obtaining or Executing a Document by Deception 

15. Theft by Extortion 

16. Gains by Extortion 

17. Arson 

18. Computer Crimes 

r 9. Robbery 

20. Bribery 

21. Bribing a Witness 

22. Perjury 

23. Any Theft Accomplished by Manipulation of Records, e.g. Embezzlement 

24. Promotion of Unlawful Gambling 

25. Tax Evasion 

26. Concealment of a Crime 

27. Conviction of any Crime if the Original Charge was Promotion of Unlawful Gambling 

and a Lesser Charge was Plea-bargained 

28. Any Lawful Issues that May Involve Adverse Moral Turpitude 

(H) License Fees. Unless specifically waived in advance by the Gaming Commission through 

TGA, all persons applying for a Class A or B license shall be required to pay all applicable 

license fees and costs when due, including a reasonable deposit for costs incurred in 

obtaining information in connection with the license application. Estimates of licensing 

costs shall be provided to Applicants within a reasonable period of time after a request is 

made. Unless otherwise provided for in advance, all fees and costs must be received by the 

TGA prior to issuance of the license. 

(I) Background Investigations. The Gaming Commission through TGA shall request from each 

Primary Management Official, each Key Employee, and all other Class A license applicants, 

all of the information set forth in Chapter 4, Section 4, subsections (T)( I) through (I)( 14) 

22 

Enacted on September 7, 2017, pursuant to I3oard of Director Resolution No. 20171136 
below, as well as any other information required on the gaming license application. The 

Gaming Commission through TGA reserves the right. at any time, to request additional 

information either prior to, during, or subsequent to the initial application or any background 

investigation. 

1. Full name, other names used (oral or written), social security number(s), date of birth, 

place of birth, citizenship, gender, all languages (spoken or written); 

2. Currently and for at least the previous ten ( l 0) years: business and employment positions 

held, ownership interests in those businesses, business and residence addresses and 

driver's license number(s); 

3. Names and current addresses of at least three (3) personal references, including one (I) 

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

as listed under subsection (1)(2) above; 

4. Current business and residence telephone numbers; 

5. Description of any existing and previous business relationship with the gaming industry 

generally, including ownership interests in those businesses; 

6. A description of any existing and previous business relationship with Indian tribes, 

including ownership interests in those businesses; 

7. Name and address of any licensing or regulatory agency with which the person has ever 

filed an application for a license or permit related to gaming, whether or not such license 

or permit was granted; 

8. For each felony for which there is an on-going prosecution or a conviction: the charge, 

the name and address of the court involved, and the date and disposition, if any, of the 

case; 

9. For each misdemeanor conviction or on-going misdemeanor prosecution (excluding 

minor traffic violations) within ten (10) years of the date of the application: the name and 

address of the court involved, and the date and disposition, if any, of the case; 

l 0. For each criminal charge (excluding minor traffic charges), whether or not there is or was 

a conviction, if such criminal charge is within ten (I 0) years of the date of the application 

and is not otherwise listed above pursuant to subsections (1)(8) or (1)(9) above: the 

criminal charge, the name and address of the cowt involved and the date and disposition, 

if any, of the case; 

11. Name and address of any licensing or regulatory agency (federal, Tribal, State, local or 

foreign) with which the person has filed an application for an occupational license or 

permit, whether or not such license or permit was granted; 

23 

Enacted on Septemher 7, 2017, pursuant to Hoard of Director Resolution No. 2017/ 136 
12. Two (2) forms of current and valid government approved Identification to include one ( l) 

photo ID, but not limited to, a State issued Driver's License, Passport, Social Security 

Administration ID Card, Tribal Membership ID card, Birth Certificate, Military ID Card, 

Merchant Marine Card, or Federally issued Immigration Worker ID Card; 

13. Any other information the Tribe or Gaming Commission deems relevant~ and 

14. Fingerprints consistent with procedures adopted by the Gaming Commission according to 

the IGRA, 25 C.F.R. § 522.2(h). 

SECTION 5. License Determinations 

(A)Investigation Confidentiality. The Gaming Corrunission through TGA shall conduct or cause 

to be conducted an investigation sufficient to make a determination of eligibility as required 

under this Gaming Code. In conducting the background investigation, the Gaming 

Commission and its Agents shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

(B) Eligibility Determination. The Gaming Commission through TGA shall review a person's 

prior activities, financial information, criminal record, if any, and reputation, habits and 

associations to make a finding concerning the eligibility of a Key Employee or Primary 

Management Official, and all other Class A license applicants, for granting of a gaming 

license. If the Gaming Commission, through TGA, 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 LUlsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming, that person shall be denied a license by the Tribe. 

(C) Forwarding Licensing Applications and Repo1ts to the NIGC. 

1. Prior to issuing a license to a Primary Management Official or Key Employee, and all 

other Class A license applicants, the Gaming Commission through TGA shall forward to 

the NTGC, together with a copy of the eligibility detennination made under Section 5(B) 

above, the notice of results of the applicants background application, an investigative 

report on each background investigation. The eligibility determination, notice of results, 

and the investigative report on each background investigation shall be forwarded to the 

NTGC within sixty (60) calendar days after the employee begins work. The Gaming 

Enterprise shall not employ or continue to employ any Person as a Key Employee or 

Primary Management Official who does not have a license within ninety (90) calendar 

days of beginning such work. 

The investigative report shall include the following information: 

a. Steps taken in conducting a background investigation; 

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Enacted on September 7, 2017, pursuant to Board ol'Dircclor Resolution No. 20171136 
b. Results obtained; 

c. Conclusions reached; and 

d. The basis for those conclusions. 

The notice of results of the applicant's backgroWld investigation shall contain: 

a. Applicant's name, date of birth, and social security number; 

b. Date on which applicant began or will begin work as a Key Employee or Primary 

Management official; 

c. A summary of the information presented in the investigative report, which shall at a 

minimum include a list of 

1 Licenses that have been previously denied; 

11. Gaming licenses that have been revoked, even if subsequently reinstated; 

111. Every known criminal charge brought against the applicant within the last 

10 years of the date of application; and 

1v. Every felony of which the applicant has been convicted or any ongoing 

prosecution. 

d. A copy of the ehgibility determination made. 

2. The TGA shall provide to the NlGC, or other agency as required, any other reports and 

information required by the IGRA and regulations promulgated thereWlder. Further, with 

respect to Key Employees and Primary Management Officials, the Gaming Commission 

shall retain license applications, eligibility determinations, and reports (if any) of 

background investigations for inspection by the NTGC for no less than three (3) years 

from the date of termination of employment. 

(D)Granting a Gaming Ljcense. 

1. If, within a thirty (30) day period after the NTGC receives a report as required under 

Chapter 4, Section 5 (C) above, the NIGC notifies the Tribe that it has "no objection" to 

the issuance of a license pursuant to the license application filed for a Key Employee or 

Primary Management Official or Class A license applicant, for whom the Tribe has 

provided an application and investigative report, the Gaming Commission through TGA 

may issue the license. 

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Enacted on Septemher 7, 2017, pursuant to Board of Dirt:ctor Resolution No. 2017 I 136 
2. The Gaming Commission through TGA shall notify the NTGC within thirty (30) days of 

the issuance of a license. 

3. The Gaming Commission through TGA shall provide any additional information 

requested by the NTGC concerning a Key Employee or Primary Management Official or 

Class A license applicant who is the subject of a report as required under this subsection. 

An NIGC request for additional information shall suspend the thirty (30) day period 

established under subsection (D)(l) above Wltil the NIGC receives the additional 

information. 

4. If, within the thirty (30) day period established under subsection (D)(l) above, the NIGC 

provides a statement itemizing objections to issuance of a license to a Key Employee or 

Primary Management Official or Class A license applicant, the TGA shall take into 

account such objections and shall deny a license to the applicant. 

(E)Denying a License. All decisions of the TGA to deny the issuance of a license shall be final 

and effective when issued. TGA shall notify the NIGC and the State Gaming Commission of 

all applicants whose license application is denied and shall forward copies of its eligibility 

determination, notice of results, and investigative report (if any) to the NIGC for inclusion in 

the Indian Gaming Individuals Records System. The applicant may file for an appeal with the 

Gaming Commission under Chapter 2, Section 13. No license may be issued on appeal if 

such issuance would place the Tribe in violation of the Compact or other applicable law. 

SECTION 6. Class A, Class B, and Vendor License Renewal 

License Renewal. AH Class A, Class B, and Vendor licenses shall be subject to renewal 

annually, and more frequently if so required by the Gaming Commission, other applicable law, 

or the Compact. Such licenses may be revoked or suspended upon the occurrence of any act 

which, if known during the application process, would have disqualified such person for such a 

license. 

SECTION 7. Standards of Conduct 

Standards of Conduct. All persons engaged by or associated \.vi.th any gaming activity on Tribal 

lands shall conduct themselves with honesty, integrity, and with such decorum and manners as 

may be necessary to reflect positively on the Tribe, its members, and the gaming activities. Any 

failure to abide by such standards, or any violation or any rule, ordinance, custom or tradition of 

the Tribe, the reservation, or the gaming activities, or the terms or conditions of the license may 

be grounds for immediate suspension or revocation of any license issued hereunder. 

SECTION 8. License Suspension 

(A) Suspension and Revocation ofExisting License - Licensee No Longer Eligible 

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Enacted on September 7, 20 l 7, pursuant to Board of Director Resolution No. 20 l 7/ 136 
I. If, after issuance of a gaming license, the Gaming Corrunission or TGA receives reliable 

information from the NIGC or other reliable source indicating that a Key Employee or a 

Primary Management Official or Class A licensee is not eligible to be licensed under the 

eligibility criteria established in this Gaming Code, the Gaming Commission through 

TGA shall suspend the license and shall notify the licensee in writing via certified mail of 

the license suspension and proposed revocation. 

2. The Gaming Commission through TGA shall notify the licensee of a time and place for a 

hearing on the proposed revocation of a license. 

3. After the Revocation Hearing, the Gaming Commission shall determine whether to 

revoke or to reinstate the Gaming license. For actions taken in response to information 

provided by the NTGC, the Gaming Commission through TGA shall notify the NIGC of 

its decision in no less than forty-five (45) days fi-om the date the Gaming Conunission or 

TGA receives the information that the licensee is no longer eligible. The Gaming 

Commission through TGA shall notify the State Gaming Agency of any license revoked 

under this Code. The person will be notified via certified mail the findings of the Gaming 

Commission. 

(B) License Suspension - Violations 

A licensee's license may also be suspended for violations of the Tribe-State Gaming 

Compact, the Stillaguamish Tribal Gaming Code, or other applicable laws. Such a license 

suspension will be conducted in accordance with policies and procedures adopted by the 

Gaming Commission. 

SECTION 9. Application Forms 

Applicant Advisory Notices. Each application from a Key Employee or a Primary Management 

Official, as well as for all other Class A and Class B license applicants unless otherwise 

specifically exempted by the Gaming Commission, shall contain the following notices: 

(A) Privacy A.er Notice: 

In compliance with the Privacy Act of 1974, the jollow;ng injorrnation is provided: 

Solicitation<?! the if{formation on this.form is authorized by 25 USC§ 2701 et seq. 1he 

pwpose f?f the requested infonnation is to determine rhe eligibility of ;nd;v;duals to be 

granted a gaming license. The in:formation will be used by the Tribal gaming reg1tlatmy 

authorities and the National Indian Gam;ng Commission (NTGC) members and stqff who 

have need.for the information in the perjonnance of their official duties. The i~formarion 

may he disclosed by the Tribe or 1he NTGC to appropriate Federal, Tribal, State. local. 

or foreign law enforcement and regulatory agencies when relevant to civil, criminal or 

regulat0ty investigatfrms or prosecutions or when pursuant to a requiremenr by a Jribe 

or the NTGC in connec1ion with the issuance. denial. or revocation of a gaming license. 

or investigation <?f activities while associated with a 1ribe or a gaming operation. Failure 

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Enacted on September 7, 2.017, purstumt to Board of Director Resolution No_ 2017/ 136 
tu consent to the d;sc/osures indicated in this notice will result in a Tribe's bein14 unable 

to license you.for a Primary Management Qfficial or Key t.'mployee position. 

(B) Disclosure of Social Security Number Advisement. The disclosure of your Social Security 

Number (SSN) is volrmtaty. However, failure to supply a SSN may result in errors in 

proce.'ising your application. 

(C) Notice Regarding False Statement. A false statement on any part of your license application 

may be grounds for denying a license or the suspension or revocation <?!a license. A !so, you 

may be punished byfme or imprisonment (U.S Code. title 18. section 1001). 

CHAPTER 5 - SUPPLEMENTAL PROVISIONS 

SECTION l. Class III Gaming: Tribal-State Compacts 

In addition to the provisions set forth above, no Class TU gaming shall be engaged in on Tribal 

lands unless a Gaming Compact has first been obtained in accordance with the lGRA All 

negotiations for such Compacts shall be conducted through the Chairperson of the Tribe, with 

the advice and suggestion of the Gaming Commission, and shall be finalized only upon the 

majority vote of the Tribal Membership after consideration of the terms of such Gaming 

Compact. In the event the Tribe approves a Gaming Compact, the provisions of such Gaming 

Compact once approved under the IGRA, shall govern over the provisions of this Code, to the 

extent the Gaming Compact is inconsistent with this Code. 

SECTION 2. Interest in Management Contracts by Tribal Officials 

No elected official of the Tribe, including the Gaming Commission or any other committee or 

agency of the Tribe, shall have a financial interest in or management responsibility for, any 

management agreement entered into pursuant to the IGRA, nor shall such elected official serve 

on the Board of Directors or hold (directly or indirectly) ten percent (10%) or more of the issued 

and outstanding stock of any corporation, or l 0% or more of the beneficial interest in any 

partnership trust, or other entity, in any such corporation, partnership, trust or other entity, 

having financial interest in, or management responsibility for, such contract. 

SECTION 3. Seavice of Process 

The Tribe designates as its agent for the service of receiving any official determination, order, or 

Notice of Violation, the Chairperson of the Tribe. 

SECTION 4. Ttibal Gaming Corporation 

Nothing in this Gaming Code shall prevent the Tribe from delegating the authority to conduct 

gaming to one or more Tribal Corporations, so long as the Tribal Corporations to which such 

authority is delegated agree to meet all requirements established under this Gaming Code. 

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Enacted on September 7, 2017. pursuant to Board of Director Resolution No. 20 I 7 / 136 
SECTION 5. Compliance With The Bank Secrecy Act 

The Gaming Operation shall comply with the Bank Secrecy Act, 31 U.S. C. §5311 et seq. 

SECTION 6. Repeal of Prior Gaming Ordinances: Effective Date 

This Gaming Code and Regulations promulgated theretmder shall constitute the entire gaming 

regulations of the Tribe. All prior Gaming Ordinances and Regulations of the Tribe are repealed, 

and this Gaming Code shall become effective upon its adoption. 

SECTION 7. Severability 

If any provisions or application of this Gaming Code is determined by review to be invalid such 

determination shall not be held to render such provision inapplicable to other persons or 

circumstances, nor shall such determination render invalid any other provision of this Gaming 

Code. 

SECTION 8. Amendments 

Al I provisions of this Gaming Code are subject to amendment by the Tribal Board of Directors. 

Regulations promulgated by the Gaming Commission under this Gaming Code are subject to 

amendment by the Gaming Conunission. 

SECTION 9. Sovereign Immunity of the Commission 

The Gaming Commission is clothed with all the privileges and immWlities of the Tribe, 

including sovereign immunity from suit in any tribal, federal, or state court. Nothing in this code, 

nor any action of the Commission, shall be deemed a waiver of this sovereign inununity, nor 

shall anything in this code be construed to be a consent of the Commission to the jurisdiction of 

the United States or of any state or other tribe. 

SECTION 10. Sovereign Immunity Prese1ved 

Nothing in this Gaming Code is intended or shall be construed as a waiver of the sovereign 

immunity of the Tribe, and no manager, officer, or employee of the Gaming Commission or the 

Tribe or the Gaming Facility shall be authorized, nor shall they attempt to waive the immunity of 

the Tribe. 

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Enacted on September 7, 2017, pursuant to Board of Director Resolution No. 2017/ 136