OMMISSION SEP 1 2 1994 

Jerry Meninick, Chairman 

Confederate Tribes and Bands of the 

Yakama Indian Nation 

P.O. Box 151, Fort Road 

Toppenish, Washington 98948 

Dear Chairman Meninick: -. . This letter responds to your request to review and approve 

the tribal gaming ordinance adopted on May 12, 1994, by the 

Confederate Tribes and Bands of the Yakama Indian Nation 

(Nation). This letter constitutes such approval under the Indian 

Gaming Regulatory Ack (IGRA). 

Under the IGRR and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of ths Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Such 

approval does not constitute approval of specific games. Also, 

the gaming ordinance is approved for gaming only on Indian lands 

as defined in the IGRA. 

The Nation has indicated that it wishes to utilize the NIGC 

to process the fingerprint cards through the Federal Bureau of 

Investigation. Before the NIGC can provide this service, the 

Nation must complete and return the enclosed Memorandum of 

Understanding. Additionally, the Nation designated the + chairperson of the: tribal gaming commission as its agent for , service of process. Please transmit the name and address of that 

person to the NIGC for our records. 

With the Chairman's approval of the Nation's gaming 

ordinance, the Nation is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

S 556.5(b). 

Thank you for submitting the ordinance of the Confederate 

Tribes and Bands of the Yakama Nation for review and approval. 

1850 M STREET. N W. SUITE 250 WASHINGTON L)C 20036 TEL 202,632.700.3 FAX 202.632.7066 
The NIGC staff and I look forward to working with you and the 

Nation in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

chairman 

enclosure 
RESOLUTION T-104-94 ' WHEREAS, the Confederated Tribes and Bands of the Yakama Indian 

Nation is a federally recognized Tribe pursuant to the Treaty of 

1855 (12 Stat. 951), and 

WHEREAS, the Yakama Tribal Council is the governing body of the 

Yakama Indian Nation of the Yakama Reservation, Toppenish, 

Washington, by the authority delegated by ~esolution T-38-56, and 

WHEREAS, the Tribal Council has the opportunity to take the 

leadership role to reduce unemployment, diversify revenue 

generating programs and to improve the quality of life among tribal 

members, and 

WHEREAS, the Yakama Indian Nation Continues to improve the 

reduction of the unemployment rate from 80% to 60% and is too 

dependent on timber revenues, and 

WHEREAS, the OEDP Committee of the Tribal Council made the 

recommendation to the General Council membership that a CLASS I1 

and CLASS I11 GAMING operation be authorized utilizing any and all 

available financial resources was adopted under GC-05-94. 

NOW, THEREFORE, BE IT RESOLVED, by the Yakama Tribal Council 

meeting in regular session at the Governmental offices of the 

Confederated Tribes and Bands of the Yakama Indian Nation, 

Toppenish, Washington, with a quorum being present, hereby adopts 

a CLASS I1 and CLASS I11 GAMING ordinance consistent with Tribal 

and Federal laws to establish a CLASS I1 and CLASS I11 GAMING 

operation on the Yakama Indian Reservation. 

BE IT FURTHER RESOLVED, that the Yakama Indian Nation does not 

waive, alter, or otherwise diminish their "sovereign immunitytt 

whether expressed or implied by virtue of enacting this resolution. 

Nor does the Yakama Indian Nation waive, alter, or otherwise 

diminish the rights, privileges, remedies, or services guaranteed 

by the Treaty of 1855. 

DONE AND DATED on this 12th day of May, 1994, by the Yakama Tribal 

Council by a vote of 6 for, 0 against, and 4 abstentions. 

ATTEST : 

- - - ~akama Tribal Council 
YAKAMA INDIAN NATION 

Ordinance No. T-104-94 

YAKAMA INDIAN NATION GAMING ORDINANCE OF 1994 

The Confederated Tribes and Bands of the Yakama lndian Nation ("Nation"), a 

federally recognized sovereign Government pursuant to the Treaty of 1855 (1 2 Stat. 951) 

with the United States of America, hereby enacts the following ordinance, to be known 

as the "YAKAMA INDIAN NATION GAMING ORDINANCE OF 1994" ("Ordinance"). This 

Ordinance and any regulations promulgated thereunder shall constitute the entire gaming 

regulations for the Nation. 

Section 1. Findinqs and Policv. 

This Ordinance is adopted by the Yakama Tribal Council, the governing body of 

the Yakama lndian Nation of the Yakama Reservation, pursuant to its authority enacted 

by General Council Resolution T-38-56, and pursuant to the mandate of General Council 

Resolution GC-02-81, for the purpose of establishing the terms for gaming on the 

Reservation for tribal governmental and charitable purposes, and to develop and operate 

such gaming consistent with the findings herein and in conformity with the federal lndian 

Gaming Regulatory Act (25 U.S.C. 9 2701 et seq. ("IGRA")) and regulations promulgated 

thereunder. 

The Nation finds that: 

a. Gaming on the Yakama Reservation is a valuable means of reducing 

unemployment, diversifying revenue generating programs, generating revenues that are 

needed for economic development, to promote tribal self-sufficiency, economic 

development, employment, job training, and a strong tribal government, and to fund and 

ensure essential social programs and services and thereby improve the quality of life 

among all Members of the Nation; 

b. The Nation desires to conduct gaming to provide needed revenues to the 

Nation and provide employment opportunities and meet all requirements under the tribal 

employment rights ordinance ('TERO"); and to regulate and control such gaming in a 

manner that will protect the environment, the Reservation, the health, security and general 

welfare of the Nation, the players, and the community; and 

c. The Nation desires to manage and regulate such gaming on the Reservation 

in a manner that will adequately address such special interests and needs of the Nation. 
Section 2. Definitions. 

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

IGRA, including but not limited to references to "Net Revenues," "Class 1," "Class 11," and 

"Class Ill" gaming, except for references to "Commissioners," "Commission," or "Gaming 

Commission" which shall mean the Yakama lndian Nation Gaming Commission or its 

Commissioners, established and described herein. 

a. "Board of Directors" shall mean those persons responsible for overseeing 

the operation and management of gaming. 

b. "Closely Associated Independent Contractor" shall mean any contractor that 

shares common ownership, common officers, or common directors with any management 

principal, or a person related thereto. 

c. "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 under 

his or her control or influence, upon an agreement or understanding 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. 

d. "Gaming Activities" shall mean any Class I, Class 11, or Class 111 gaming 

activity conducted by or within the jurisdiction of the Nation. 

e. "Gaming Commission" shall mean the Yakama Indian Nation Gaming 

Commission, as established herein to monitor the Gaming Activities, investigate 

wrongdoing, conduct background investigations, issue licenses, and perform other duties 

as necessary for the regulation of gaming on the Reservation. 

f. "Gaming Contractor" shall mean any person or business that manufactures, 

distributes, or supplies gaming devices, other gaming equipment, other equipment or 

services, or personnel (including gaming management or consulting services) to any 

Gaming Activities or Gaming Entity. 

9- "Gaming Entity" shall mean the gaming business, event, or activity (however 

organized) conducted by or within the jurisdiction of the Nation. 

h. "General Council" is the body of the Nation that decides matters of great 

importance to the Yakarna lndian Nation according to Resolution GC-02-81. 

I. "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 
accounting 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 Entity are included in the definition of Key 

Employees. At the discretion of the Gaming Commission, other positions or persons, and 

including Gaming Contractors not otherwise included, may be included under and subject 

to the requirements for Key Employees. 

is "Management Contract" shall mean any contract, subcontract, or collateral 

agreement between the Nation and a contractor or between a contractor and a 

subcontractor if such contract or agreement provides for the management of all or part 

of a gaming operation. 

k. "Member" shall mean any duly enrolled member of the Nation. 

1. "National Indian Gaming Commission" ("NIGC") shall mean the commission 

established under IGRA. 

m. "Net Revenues" shall mean gross gaming revenues of a tribal gaming 

operation less (a) amounts paid out as, or paid for, prizes; and (b) total gaming-related 

operating expenses, excluding management fees. 

n. "Person" shall mean any natural person or entity, including but not limited 

to corporations, partnerships and trusts. 

0. "Primary Management Official" shall mean the person who has management 

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

employees or to set up working policy for the Gaming Entity; or the chief financial officer 

or other person who has financial management responsibility. At the discretion of the 

Gaming Commission, other positions or persons, and including Gaming Contractors, may 

be included under and subject to the requirements for primary management officials. 

P- "Related to" shall refer to persons who are related as a father, mother, sister 

or brother. 

=I "Reservation" shall mean all lands of the Nation, and including all those 

lands defined as "lndian lands" under the IGRA. 

r. "Tribal Council" shall mean the committee of the elected tribal officers, 

established as the governing body of the Yakama lndian Nation of the Yakama 

Reservation by the authority delegated pursuant to Resolution T-38-56. 

s. 'Tribal Court" shall mean any court established by the Nation. 
t. "TERO" shall mean the Tribal Empioyment Rights Ordinance enacted by 

the Yakama Tribal Council and administered by the Tribal Employment Rights 

Commission to create employment and training opportunities for Yakama Indian Nation 

Tribal Members and other Indians and eradicate discrimination against lndian people. 

Section 3, Qyper~hip of Gaming. 

a. The Nation shall have the sole proprietary interest in and responsibility for 

the conduct of any gaming operation authorized by this Ordinance, except to the 

extent the Nation may contract with and license a person or entity to own, operate 

or manage the Gaming Entity pursuant: to the provisions of IGRA or as otherwise 

'permitted by law. 

b. Gaming activities conducted on. the Rese~ation, owned by a person or 

entity other than the Nation, shall be licensed and regulated by the Nation under this 

Ordinance, and conducted in compliance with the requirements of IGRA and 25 C.F.R. 

§ § 522. I0 and 522.1 1. 

Section 4.' Faminu ,Commisr;iana 

a. Establishment .of Gzirnina Commission. There is established hereby a 

: Commission acting under the authority of the Nation to be known as the Yakama 

, . Indian Nation Gamlng Commission. The Gaming Commisslon Is responsible for 

licensing and regulation of the Gaming Entity and Gaming Activities, but shall not have 

: management responsibility far the Gaming Entity or Gaming ~chvities. 

5, 

b. Rnembershieand. The Gaming Commission shalt be . compased of five (5) Members of the Nation, and shall serve for three (3) year terms. 

j Four (4) members of the Gaming Commission shall be appointed by the Genera! 

Council; one (1) member shall be appointed from the Tribal Council Overall Economic 

Developmeht planning (DEDP) Cornmitree. 

C. allfications for Office. The following minimum requirements must be . met to qualif2or membership on the ~omrnission: 

(1) Enrolled Member of the Yakama lndian Nation; 

(2) ~wenty-five (25) years of age; 

(3) Reside on or near the Yakama I,ndi@n Nation Reservation, or near 

the Gaming Entity or Gaming Activity; and 
(4) Successful completion of a background investigation. 

d. Disqualifications for Office. The following persons shall not serve as 

Commissioners: 

(1) Employees of any Gaming Entity on the Reservation; 

(2) Persons related to any Gaming Contractor (including any principal 

thereof or Closely Associated Independent Contractor); or 

(3) Persons who do not qualify to serve in such a position as result of 

finds of a background investigation, including a criminal history review, 

conducted under the direction of the Tribal Police Department and Chief of 

Police. 

e. Terms of Office. The Commissioners shall serve for three (3) year terms, 

except that immediately after enactment of this Ordinance two (2) of the Commissioners 

shall serve for two (2) years, and three (3) of the Commissioners shall serve for three (3) 

years. Commissioners may be reappointed to serve for more than a single term and, at 

the expiration of their term, may serve until replaced. 

f. Removal from Office. Commissioners may only be removed from office 

before the expiration of their terms for neglect of duty, malfeasance or other good cause 

shown. Prior to removal, Commissioners shall be entitled, upon request, to a hearing 

before the Tribal Council and General Council Executive Board and shall otherwise by 

subject to the Nation's procedures for removing an officer of the Nation. 

g. Quorum. Three (3) members of the Gaming Commission shall constitute 

a quorum. 

h. Officers and Duties. The Gaming Commission shall select, by majority vote, 

a Chairman, Vice-Chairman, Secretary, and other officers as necessary. 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. 

i. Votinq. All actions of the Gaming Commission shall be taken by majority 

vote. The Commission Chairman may vote on any issue. 

j- Meetinqs. Meetings shall be held at least once per month, on the third 

Thursday of the month at 8 a.m. at the Nation's headquarters, unless otherwise changed 

by written notice provided in advance in a manner reasonably calculated to inform the 

Members of the Nation. Additional meetings shall be held as called by the Chairman or 
by at least three (3) other Commissioners. Notice of meetings shall be given in writing 

to each Commissioner, served by first class mail or personal delivery at least five (5) 

business days prior to such meeting. Such notice may be waived when meetings are 

called by unanimous consent of the Commissioners. 

k. Compensation for Servinq: Frinqe Benefits: Reimbursement of 

Expenses. Commissioners shall be compensated for serving on the Commission at 

rates to be set by the Tribal Council and General Council Executive Board after full 

review. Commissioners shall be eligible for fringe benefits which are available to other 

employees of the Nation to the extent the provider of such benefits qualifies the Gaming 

Commission positions for such benefits. Subject to approval by the Tribal Council and 

General Council Executive Board and in accordance with procedures to be adopted by 

those bodies, Commissioners shall be reimbursed for expenses incurred in connection 

with the performance of their Gaming Commission duties. 

1. Commission Budqet. At least annually, the Gaming Commission will 

develop a .budget for the upcoming twelve (12) months operation of the Gaming 

Commission and shall submit the proposed budget to the Tribal Council for review and 

approval. The proposed budget shall include ail anticipated expenses for staff, travel and 

meeting expense, and compensation to Commissioners. 

m. Powers and Duties. 

The Gaming Commission, acting as a regulatory body, shall have the power and 

duty to: 

(1) After consultation with the Tribal Council and General Council 

Executive Committee, issue such regulations as appropriate in order to 

implement the provisions of this Ordinance; 

(2) Inspect, examine and monitor Gaming Activities and the Gaming 

Entity, including the power to demand access to and inspect, examine, 

photocopy and audit all papers, books and records respecting such Gaming 

Activities and Gaming Entity; 

(3) Investigate or cause to be investigated, in conjunction with the Tribal 

Police Department or other recognized enforcement agency or agencies, 

any suspicion of wrongdoing in connection with any Gaming Activities or 

Gaming Entity; 

(4) Conduct or cause to be conducted such investigations as may be 

necessary to determine compliance with all applicable laws, or with this 

Ordinance or any contracts, agreements, goods, sewices, events, incidents, 

or other matters related to the Gaming Activities or Gaming Entity; 
(5) Issue licenses to persons and entities connected with the Gaming 

Activities or the Gaming Entity and, at minimum, to 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; 

(6) Conduct or cause to be conducted background investigations 

regarding persons and entities connected with the Gaming Activities or the 

Gaming Entity and, at minimum, for 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; 

(7) Hold such hearings, sit and act at such times and places, summon 

persons on the Reservation to attend and testify at such hearings, take 

such testimony, and receive such evidence as the Gaming Commission 

deems relevant in fulfilling its duties; 

(8) Administer oaths or affirmations to witnesses appearing before the 

Gaming Commission; 

(9) Implement and administer a system for investigating, licensing and 

monitoring employees and others connected with the Gaming Activities or 

Gaming Entity, as described below, and including the issuance of licenses 

to gaming facilities, individuals and entities as required under this Ordinance 

and the IGRA; 

(10) Hear disputes against the Gaming Entity, in accordance with the 

procedures established in this Ordinance; 

(1 1) Hire such staff and support services for the Commission as deemed 

necessary subject to a budget approved by the Tribal Council; 

(12) To the extent required, comply with any reporting requirements, 

including annual reports to Tribal Council and General Council, Executive 

Committee, and those requirements established under a compact to which 

the Nation is a party and other applicable law, including the IGRA and 

regulations promulgated thereunder; 

(13) Promulgate rules for each Class I, Class ll or Class Ill game allowed 

under this Ordinance, to govern the conduct of such games; and 

(1 4) Carry out such other duties with respect to the Gaming Activities and 

Gaming Entity on the Reservation as the Tribal Council or the General 

Council shall direct. 
n. Annual Reports. On or before April 30th of each year, the Gaming Commission 

shall provide in writing to the Tribal Council and General Council Executive Committee 

an Annual Report summarizing its activities during the prior twelve (12) month period 

ending on September 30, and accounting for all receipts and disbursements. The Tribal 

Counal shall cause an executive summary of the Annual Report to be made available to 

Members within thirty (30) days after receipt. Further, the Gaming Commission shall 

provide an oral report of its activities to the General Council at least annually. 

o. Other Reportina Requirements. As required, the Gaming Commission shall 

comply with any reporting requirements established under a compact to which the Nation 

is a party, and other applicable law, including the IGRA and regulations promulgated 

thereunder. 

Section 5. Board of Directors. 

a Establishment of the Board of Directors. There is hereby established a 

Board of Directors, appointed by agreement of the General Council Officers and Tribal 

Council to oversee management towards continuing profitable development of gaming. 

Membership is comprised of five (5) persons, three (3) members shall be from the 

General Council at large, one (I) member shall be from the OEDP Committee, and one 

(1) member shall be from the business community. 

b. Powers and Duties. The Board of Directors shall have as their sole 

authority the following powers and duties: 

(1) Work with Primary Management Officials and Key Employees to set 

strategies and objectives for gaming; 

(2) Oversee the management of Primary Management Officials and Key 

Employees on an ongoing basis; 

(3) lnsure management performance by designing evaluation standards 

that are implemented and monitored in a timely manner; 

(4) Insure lines of communication are developed with the General 

Council membership, and the elected officials of the Yakama .Nation; 

(5) Develop or insure development of financial plans, marketing plans, 

and personnel policies; and 

(6) Work to insure gaming is a profitable means of economic resource 

for the Nation. 
Section 6. Permitted Gaminq Activities. 

a. Unauthorized Gamina Prohibited. All Gaming Activities on the Reservation 

(whether Class I, II or Ill) are prohibited except as expressly authorized under this 

Ordinance. 

(1) Class I Gaminq. Class I Gaming Activities are hereby permitted to the 

extent consistent with tribal custom and practice. The Gaming Commission 

may prohibit and prevent any conduct which is claimed to be Class I 

gaming pursuant to a finding that such conduct is not in accordance with 

tribal customs or practices. 

(2) Class II and Class Ill Gaminq. Class II and Class Ill gaming on the 

Reservation is hereby authorized, provided the Nation has the sole 

proprietary interest in and responsibility for the conduct of any Gaming 

Entity, or to the extent the Nation may contract with or license a person or 

entity to own, operate or manage Gaming Activities or the Gaming Entity 

pursuant to the provisions of IGRA or as otherwise permitted by law. 

Nothing herein shall prohibit the Nation from engaging the services of nontribal persons as employees thereof or engaging any person or entity to 

provide consulting or other technical assistance or to assist the Nation in 

the management of Gaming Activities pursuant to a management 

agreement entered into under the provisions of IGRA. Class Ill gaming 

shall be conducted in accordance with a compact, as applicable, or any 

alternative thereto as provided by IGRA. 

Section 7. Garninq Revenues. 

a. Tribal Pro~erty. Except as provided for under the terms of an agreement 

pursuant to the provisions of IGRA or as otherwise permitted by law, all revenues 

generated from any Class II or Class Ill Gaming Activities are the property of the Nation. 

Any profits or net revenues from Gaming Activities shall be deposited into the tribal 

accounts as determined by the Nation. Once becoming part of such tribal account, such 

funds shall lose any identity as gaming revenues except to the extent necessary to 

identify them as such in order to comply with applicable law. No individual Member shall 

be deemed to have any interest in such profits or net revenues. Payments from tribal 

accounts under other tribal programs, including those related to health, welfare, 

education, elderly care, and housing, shall not be deemed to be per capita payments. The 

Nation acknowledges the requirements of IGRA, 25 U.S.C. g 2710 (b) (3) regarding 

gaming revenues. 

b. Use of Net Revenues. Net revenues from Gaming Activities shall not be 

used for purposes other than: 
(1) To fund tribal government operations or programs; 

(2) To provide for the general welfare of the Nation and its members; 

(3) To promote economic development for the Nation; 

(4) To donate to charitable organizations; or 

(5) To help fund operations of local government agencies. 

Section 8. Operation of Gamina Establishments. 

a. gamin^ Permitted as Licensed. Except to the extent authorized bl an 

agreement pursuant to the provisions of IGRA or as otherwise permitted by law, Gaming 

Activities shall only be conducted in tribal owned, operated and licensed facilities pursuant 

to the provisions of this Ordinance. Such activities shall be conducted in accordance with 

the terms and conditions of any license issued by the Gaming Commission for such 

purposes as to each facility before any Gaming Activities may occur therein. Such 

licenses shall specify the hours of operation, type and scope of Gaming Activities allowed 

therein, permitted uses of the facility for other activities, rules of conduct for employees 

and patrons, food handling and entertainment, and such other matters as the Gaming 

Commission may deem necessary to the conduct of Gaming Activities therein. 

b. Protection of Environment and Public. Any 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. Dispute Resolution. Patrons who have complaints against the gaming 

establishment shall have as their sole remedy the right to file a petition for relief with the 

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

its employees shall be made to the Gaming Commission, 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 

will be final when issued. Any patron having a claim against the Gaming Entity or a 

management contractor or its employees must submit such claim to the Gaming 

Commission within thirty (30) days of its occurrence. All claims by patrons shall be 

limited to a maximum recovery of $10,000 per occurrence, and a cumulative limit of 

$20,000 per patron in any twelve (12) month period. 
Section 9. Audits. 

a. Annual Audits. Annual outside auditing by the recognized independent 

accounting firm selected by the Tribal Council and General Council Executive Board shall 

be conducted of the Gaming Activities and the results thereof reported to the Tribal 

Council, the NIGC, and otherwise as required by law. All audits must meet any audit 

requirements of the Nation. 

Section 10. Contracts / Audits. 

a. Gaming Contracts. Unless otherwise exempted by the Gaming Commission, 

contracts relating to Gaming Activities, the Gaming Entity or any gaming facility (except 

contracts for professional legal or accounting services) shall be subject to the Nation's 

requirements for purchasing such goods and services. 

b. Audit Requirements. All contracts for supplies, services, or concessions for a 

contract amount in excess of $25,000 annually (except contracts for professional legal or 

accounting services) relating to Class II or Class I11 gaming on the Reservation shall be 

subject to independent audits, and such contracts shall so specify. 

Section 1 1. Licenses. 

a. Licensinq Requirements. It is the declared policy of the Nation that all 

Gaming Activities be licensed and controlled so as to protect the peace, dignity, and 

welfare of Members and other persons on the Reservation and to preserve the honesty, 

fairness and integrity of such Gaming Activities. Accordingly, no person or entity shall 

provide goods or services to, or be employed to conduct, be associated with, supervise, 

or manage any Class I1 or Class Ill Gaming Activities on the Reservation without an 

appropriate and valid independent Class I1 or Class Ill gaming license issued by the 

Gaming Commission. Any gaming license which is issued, or finding of suitability or 

approval by the Gaming Commission, shall be deemed a privilege subject to suspension 

or revocation. No license shall be issued that would place the Nation in violation of a 

compact to which the Nation is a party, or of any applicable law. 

b. Burden on Applicant. The burden of proving an applicant's qualification to 

receive any license. hereunder is at all times on 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 thereof. 

c. Applicant Claim of Privileae. 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 pertaining thereto may constitute 

sufficient grounds for denial, suspension or revocation. 

d. 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 Ordinance, and to furnish such information to the NIGC, and to such other 

governmental agency as may be required by law. 

e. Types of Licenses. Three classes of licenses (Class A, Class B, and Class 

C) shall be issued to persons and entities associated with Gaming Activities or the 

gaming facility. 

(1) Class A Licenses. Before permitting any person to become 

permanently associated with the Gaming Activities as an investor, 

management entity, or other person owning or controlling ten percent (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; and, unless otherwise exempted, a Gaming 

Contractor, such person shall obtain a Class A license. Those who do not 

meet the qualifications established shall be denied a Class A license. The 

Gaming Commission 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) 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 gaming. 

(2) Class B Licenses. Persons who are not among those identified in 

subsection (1) above, but are to be employed at a gaming facility on the 

Reservation in another gaming related activity or, at the sole discretion of 

the Gaming Commission, in non-gaming related activities, shall be required 

to obtain a Class B license from the Gaming Commission. Such persons 

must establish that they have not been convicted of a crime, or engaged in 

any activity, which the Gaming Commission in its 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 Nation, any Member, any gaming 

employee or patron, or the public. 
(3) Class C Licenses. Minors (persons under 18 years of age) employed 

at a gaming facility on the Reservation may be issued a Class C license, 

which will entitle them to work in positions for which a Class B license 

would otherwise be required and in which minors are not otherwise 

prohibited by law from working. The Gaming Commission will first 

determine that the minor receiving a Class C license does not pose any 

threat to the safety or integriiy of the Gaming Activities or the safety or 

property of the Nation, any Member, any gaming employee or patron, or the 

public. Such licenses shall be valid for no more than six (6) months before 

renewal, and shall be revoked upon the minor's reaching the age of 

eighteen (1 8), at which time a Class A or B license, as may be appropriate, 

will be required. Minors shall not be employed as dealers or otherwise to 

operate or supervise the operations of games. 

f. Class A and Class B License Renewal Revocation, and Suspension. 

Class A and Class B licenses shall be subject to renewal at least every two (2) years. 

Licenses may be revoked or suspended upon the occurrence of any act which, if known 

during the application process, or becomes known thereafter, would have tended to 

disqualify such person for such a license. 

g. Temporarv Licenses. Pending completion of an investigation for a license, 

temporary licenses of no more than ninety (90) days duration may be issued by the 

Gaming Commission if, in its sole discretion, it deems it appropriate to do so. Under no 

circumstances will the Gaming Commission issue more than two (2) temporary licenses 

to an individual or entity in any two (2) year period. Such licenses shall permit the 

licensee to engage in such activities pursuant to such terms and conditions as may be 

specified by the Gaming Commission. Such temporary licenses shall expire ninety (90) 

days from date of issuance, upon issuance of a regular license, or until an earlier 

specified expiration date, whichever occurs first. 

h. License Investigations. The Gaming Commission may employ all reasonable 

means, including the engagement of outside services and investigators and the holding 

of 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 NlGC and to such other agency as may be required by law. 

I. License Fees. Unless specifically waived by the Gaming Commission, all 

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

license fees and costs when due, including the reasonable cost for regulation and 

monitoring of licensees, and 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 upon request. Unless specifically waived by the Gaming 
Commission, payment for all fees and costs must be received by the Gaming Commission 

prior to issuance of the license. 

j- Standards. All persons engaged by or associated with any Gaming Activity 

on the Reservation shall conduct themselves with honesty, integrity, and with such 

decorum and manners as may be necessary to reflect positively on the Nation, its 

members and the Gaming Activities involved. Any failure to abide by such standards, or 

a violation of any rule, ordinance, custom or tradition of the Nation, 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. 

k. Appeals. All decisions of the Gaming Commission regarding the issuance, 

suspension, or revocation of licenses shall be final and effective when issued; provided, 

within fifteen (1 5) days of the receipt of the written decision regarding denial, suspension, 

or revocation of the license, the applicant may file a petition for reconsideration with the 

Gaming Commission. Any Member who is denied a license by the Gaming Commission 

may, within thirty (30) days of the receipt of the written notice of such denial, appeal the 

denial to the Gaming Commission, which shall have the power to reverse its prior 

decision and order that such license be issued. Licenses issued by the Gaming 

Commission as a result of such appeal shall be issued for no more than one year, and 

are subject to the renewal procedures set forth herein. No decision of the Gaming 

Commission that a license be issued shall be valid if such issuance would place the 

Nation in violation of a compact to which the Nation is a party, or of any applicable law. 

1. Backnround Investiqations. 

(1) The Gaming Commission shall request from each Primary 

Management Official and each Key Employee all of the information 

specified in subsections (a) through (n) below. Each other applicant for a 

Class A, Class B or Class C license shall submit such information as the 

Gaming Commission, in its sole discretion, deems appropriate for the 

position sought by applicant. The Gaming Commission reserves the right, 

at any time, to request additional information either prior to, during, or 

subsequent to any background investigation. 

(a) 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); 

(b) Current and for at least the previous five (5) years: business 

and employment positions held, ownership interests in those businesses, business 

and residence addresses and drivers license number(s); 
(c) Names and current addresses of at least three (3) personal 

references, including one personal reference who was acquainted with the 

applicant during each period of residence as listed under subsection (b) above; 

(d) Current business and residence telephone numbers; 

(e) Description of any existing and previous business 

relationships with the gaming industry generally, including ownership interests in 

those businesses; 

(f) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in those businesses; 

(g) 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; 

(h) 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; 

(i) 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; 

(j) For each criminal charge (excluding minor traffic charges), 

whether or not there is or was a conviction, if such criminal charge is within ten 

(1 0) years of the date of the application and is not otherwise listed above pursuant 

to subsections (h) or (i) above: the criminal charge, the name and address of the 

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

(k) 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; 

(I) Photographs (current at time of application); 

(m) Any other information the Nation or the Gaming Commission 

deems relevant; and 

(n) Fingerprints consistent with procedures adopted by the 

Gaming Commission according to 25 C.F.R. 9 522.2(h). 
(2) The Nation shall conduct or cause to be conducted an investigation, 

through the Gaming Commission, sufficient to make a determination of 

eligibility as required under this Ordinance for, at minimum, all Key 

Employees and Primary Management Officials. In conducting the 

background investigation, the Gaming Commission and its agents shall 

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

investigation. 

m. Eliaibiliiv Determination. The Gaming Commission shall review a person's 

prior activities, criminal record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of, at minimum, all Key Employees and Primary 

Management Officials for employment in a gaming operation. If the Gaming Commission 

determines that employment 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 Gaming Entity 

shall not employ that person in a Key Employee or Primary Management Official position 

or in any other position for which a Class A license is required, except as specifically 

established by the Gaming Commission. 

n. Forwardinq Licensinq Applications and Reports to NIGC. 

(1) When any Key Employee or Primary Management Official is 

employed by a Gaming Entity authorized under this Ordinance, the Gaming 

Commission, acting on behalf of the Nation, shall forward to the NIGC the 

person's completed application for employment containing the information 

required above under subsection 11 .I.(1) of this Ordinance. 

(2) Prior to issuing a license to a Primary Management Official or Key 

Employee, the Gaming Commission, acting on behalf of the Nation, shall 

forward to the NIGC, together with a copy of the eligibility determination 

made under subsection 1l.m. above, an investigative report on each 

background investigation. The investigative report on each background 

investigation shall be forwarded to the NIGC within sixty (60) days after the 

employee begins work, or within sixty (60) days of the approval of this 

Ordinance by the NIGC. The Gaming Entity 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) days. 

The investigative report shall include the following information: 

(a) Steps taken in conducting a background investigation; 

(b) Results obtained; 
(c) Conclusions reached; and 

(d) The bases for those conclusions. 

(3) The Gaming Commission, acting on behalf of the Nation, shall 

provide to the NIGC or other agency, any other reports and information 

required by IGRA and regulations promulgated thereunder. Further, with 

respect to Key Employees and Primary Management Officials, the Gaming 

Commission shall retain applications for employment and reports (if any) of 

background investigations for inspection by the NlGC for no less than three 

(3) years from the date of termination of employment. 

(4) If a license is not issued to an applicant, the Gaming Commission 

shall notify the NlGC and may forward copies of its eligibility determination 

and investigative report (if any) to the NlGC for inclusion in the Indian 

Gaming Individuals Records System. 

o. Grantina a Gaming License. 

(1) If, within a thirty (30) day period after the NlGC receives a report as 

required under subsection 11 .n. above, the NlGC notifies the Nation 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 for 

whom the Gaming Commission has provided an application and 

investigative report, the Gaming Commission may issue the license. 

(2) The Gaming Commission shall provide any additional information 

requested by the NlGC concerning a Key Employee or Primary 

Management Official who is the subject of a report as required under this 

subsection. An NlGC request for additional information shall suspend the 

thirty (30) day period established under this subsection until the NlGC 

receives the additional information. 

(3) If, within the thirty (30) day period established under this subsection, 

the NlGC provides a statement itemizing objections to issuance of a license 

to a Key Employee or Primary Management Official, the Gaming 

Commission shall reconsider the application, taking into account such 

objections. The Gaming Commission retains the right to make the final 

determination whether to issue the license to such applicant. 

P- Gaminq License Suspension and Revocation. 

.: - 

(1) If, after issuance of a gaming license, the Nation receives reliable 

information from the NIGC or other reliable source indicating that a Key 
Employee or a Primary Management Official is not eligible for employment 

under the eligibility criteria established in section 11 above, the Gaming 

Commission shall suspend the license and shall notify the licensee in 

writing of the license suspension and proposed revocation. 

(2) The Gaming Commission 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 NIGC, the Gaming Commission 

shall notify the NIGC of its decision. 

q. Facilities Licenses. Before Gaming Activities can be conducted therein, the 

Gaming Commission shall inspect and license each such facility in accordance with this 

Ordinance and any requirements under IGRA. 

Section 12. Application Forms. 

a. Each application form for a Key Employee or a Primary Management 

Official, as well as for all other license applicants, unless otherwise specifically exempted 

by the Gaming Commission, shall contain the notices set forth in subsections (1) and (2) 

below: 

(1 ) Privacy Act Notice: 

In compliance with the Privacy Act of 1974, the following information 

is provided: Solicitation of the information on this form is authorized by 25 U.S.C. 52701 

- 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 lndian 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 an lndian Nation or Tribe or the National lndian 

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 an 

lndian Nation or Tribe or a gaming operation. Failure to consent to the disclosures 

indicated in this notice will result in an lndian Nation or Tribe's being unable to hire you 

in a Primary Management Official or Key Employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing your application. 
(2) Notice Reqardinq False Statements. 

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. Code, title 18, $ 1001) 

b. Any existing Key Employee or Primary Management Official or other 

licensee subject to such requirements, unless otherwise specifically exempted by the 

Gaming Commission, that has not completed an application form containing the language 

set forth in Section 11 .a.(l) and (2) above, shall be notified that they must either: 

(1) Complete a new application form that contains the Privacy Act Notice 

and the Notice Regarding False Statements; or 

(2) Sign a statement that contains the Privacy Act Notice and consent 

to the routine uses described in that notice, and sign a statement that 

contains the Notice Regarding False Statements. 

Section 13. Class Ill Gaminq; Compact. 

Class Ill gaming on the Reservation shall be under the provisions of a compact, 

as applicable, or other alternative as provided under the IGRA and applicable regulations. 

All negotiations for such compacts shall be conducted through the Chairman of the 

Yakama Nation Tribal Council, with the advice and suggestion of the Gaming 

Commission, and shall be finalized only upon the majority vote of the Tribal Council after 

consideration of the terms of such compact. In the event the Nation approves a oompact, 

the provisions of such compact, once approved under IGRA, shall govern over the 

provisions herein, to the extent the compact is inconsistent herewith. 

Section 14. Interest in Management Contracts by Tribal Officials. 

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

committee or agency of the Nation, shall have a financial interest in or management 

responsibility for, any management agreement entered into pursuant to 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 ten 

percent (10%) or more of the beneficial interest in any partnership, trust, or other entity, 

in any such corporation, partnership, trust or other entity, having a financial interest in, 

or management responsibility for, such contract. 
Section 15. Service of Process. 

The Nation designates as its agent for the service of any official determination, 

order, or notice of violation in any gaming related matter, the Chairperson of the Gaming 

Commission. 

Section 16. Compliance with TERO. 

All Gaming Activities under this Ordinance shall be conducted in full compliance 

with all requirements under TERO, including amendments as may be adopted thereto. 

Section 17. Tribal Gaming Corporation. 

Nothing in this Ordinance shall prevent the Tribal Council and General Council 

Executive Board from delegating the authority to conduct gaming to one or more tribal 

corporations, so long as the tribal corporation to which such authority is delegated agrees 

to meet all criteria and requirements established under this Ordinance. 

Section 18. Entire Gaming Regulations; Prior Ordinances Repealed; Effective Date. 

This Ordinance and the regulations promulgated thereunder shall constitute the 

entire gaming regulations of the Nation. All prior gaming ordinances and resolutions of 

the Nation are hereby repealed, and this Ordinance shall become effective upon its 

adoption by the Tribal Council after consultation with the General Council Executive 

Board. 

Section 19. Amendments. 

All provisions of this Ordinance are subject to revision, repeal, or amendment by 

the Tribal Council. Regulations promulgated by the Gaming Commission under this 

Ordinance are subject to revision, repeal or amendment by the Gaming Commission. 

Section 20. Sovereign lmmunitv Preserved. 

L Nothing in this Ordinance is intended or shall be construed as a waiver of the 

sovereign immunity of the Nation; and no manager, officer or employee of the Gaming 

Commission or the Nation shall be authorized, nor shall they attempt, to waive the 

immunity of the Nation. 
Section 21 . Construction and Severability. 

This Ordinance is exempted from the rule of strict construction, and shall be 

liberally construed to give full effect to the objectives and purposes for which it was 

enacted. If any section of this Ordinance, or its application to any person or entity or 

arcumstance, is held invalid, the remainder of the Ordinance, or the application of the 

provision to other persons or entities or circumstances, shall not be affected and shall 

remain in full force and effect.