W. Ron Allen, Executive Director 

Jamestown SIKlallam Tribe 

305 Old Blyn Highway 

Sequim, Washington 98382 

Dear Mr. Allen: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Jamestown S'Klallam Tribe 

(the Tribe) on November 16, 1993. This letter constitutes such 

approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA 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 the 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 regklations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands :as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the 

Tribe 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. § 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. $ 556.5(b). 4 

a 

Thank you for submitting the ordinance of the ~amestown SIKlallam 

Tribe for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. - 

Sincerely yours, 

Anthony J. Hope 

Chairman 

1850 M STREET. N W.. SUITE 250 WASHINGTON. DC 20036 TEL 202-632-7003 FAX. 202-632-7066 
JAMESTOWN S'KLALLAM TRIBE - 

GAMING CONTROL ORDINANCE NO. 4-93 

THE JAMESTOWN S'KLALLAM TRIBE, a federally recognized Indian tribe 

("Tribe") hereby enacts the following Ordinance, which shall be known as "GAMING 

CONTROL ORDINANCE #4 (1 993)" ("Ordinance"): 

This Ordinance shall be known as the "Jamestown S'Klallam Gaming Control 

Ordinance of 1993". 

SECTION 2. FINDINGS AND PURPOSE- C . .' 

\ 

This ordinance is adopted by the Tribal Council, pursuant to its authority granted 

- by Article VII, Section l(i), (t), and (v) of the Jamestown S9Klallam Tribal Constitution, for 

the purpose of establishing the terms for gaming on Tribal Lands 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. 5 2701 et seq. ("IGRA")) and regulations promulgated thereunder. 

The Tribal Council finds that: 

a. Gaming on its reservation is a valuable means of promoting Tribal economic 

development, self-sufficiency, employment, job training and strong Tribal government 

through the generation of stable Tribal revenues; 

b. Revenues from gaming activities are needed for economic development, to 

promote Tribal self-sufficiency and a strong Tribal government, and to fund and.ensure 

essential social programs and services; 

c. The Tribe desires to conduct certain forms of amusement games and 

gaming to provide needed revenues to the Tribe, 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 Tribe, the players, and the community; and 

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

IGRA, including but not limited to references to "Class I," "Class 11," and "Class Ill" 

gaming, except for references to "Commissioners" and "Commission", which shall mean 

Commissioners of the Jamestown S'Klallam Gaming Commission established herein. 

- 

a. "Closely associated independent contractor" shall mean any contractor that 

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

related thereto. 

b. "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. 

c. "Gaming Activities" shall mean any Class 1, Class II, or Class Ill gaming 

conducted by or under the jurisdiction of the Tribe. 

d. "Gaming Contractor" shall mean any person or entity that supplies gaming 

devices or other gaming equipment, personnel, or services (including gaming 

management or consulting services) to any gaming activity or enterprise. -. 

e. "Gaming Enterprise" shall mean any gaming business, event, enterprise or 

activity conducted by or under the jurisdiction of the Tribe. 

f. "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 enterprise are included in the definition of key 

employees. At the discretion of the Gaming Commission, other positions or persons may 

be included under and subject to the requirements for key employees. 

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

to corporations, partnerships and trusts. 

h. "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 enterprise; or the chief financial 

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

the Gaming Commission, other positions or persons may be included under and subject 

to the requirements for primary management officials. 
I. "Related to" shall refer to persons who are related as a father, mother, 

sister or brother. 

J. "Reservation" shall mean the Jamestown SIKlallam Reservation. 

k. "State" shall mean the State of Washington. 

- 

I. "Tribal Council" shall mean the governing body of the Tribe, as set forth in 

the Tribal Constitution and Bylaws. 

m. "Tribal Court" shall mean the Jamestown SIKlallam Tribal Court. 

n. "Tribal Lands" shall mean all lands under the jurisdiction and control of the 

Tribe; including all land within the limits of the reservation, and any land title to which is 

either held in trust by the United States for the benefit of the Tribe or individual Tribal 

member or held by the:Tribe or individual Tribal member, subject to restriction by the 

United States against alienation and over which the Tribe exercises governmental power. 

Such definition is intended to be co-extensive with and as broad as the definition in IGRA; 

provided however, that nothing herein is intended to grant the federal or state government 

any authority beyond what they possess under existing federal laws. 

0. "Tribal Member" shall mean any duly enrolled or adopted member of the 

Tribe. 

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

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

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

manage the enterprise pursuant to the provisions of IGRA or as otherwise permitted by 

law. 

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

hereby the Jamestown SIKlallam Gaming Commission ("Gaming Commission"). The 

Gaming Commission shall be composed of three (3) members of the Tribe, all of whom 

shall be appointed by Tribal Council. 

b. Disqualifications for Office. The following persons may not serve as 

Commissioners: 

(1) Employees of any gaming enterprise on Tribal Lands; 

(2) ' Persons related to any gaming contractor (including any principal 

thereof or closely associated independent contractor). 
i; 

JAMESTOWN ~'KLALLI 'RIBE GAMING CO .OL ORDINANCE NO. 4-93 

(3) Persons who would not be eligible to be officers of the Tribe pursuant 

to the Tribe's Constitution and Bylaws. 

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

except that immediately after enactment of this Ordinance, for the initial term, one 

Commissioner shall serve for one (1) year, one shall serve for two (2) years, and one 

shall serve for three (3) years. Nothing in this Ordinance shall preclude any 

Commissioner for serving for more than one term. 

d. ' Removal from Office. Commissioners may only be removed from office 

before the expiration of their terms by the Tribal Council for neglect of duty, malfeasance 

or other good cause shown. 

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

quorum. 

f. Officers and Duties. The Gaming Commission officers shall be appointed 

by the Tribal Council. The Chairman shall preside over meetings of the Gaming 

Commission and the Vice-Chairman shall preside in the absence of the ~haihan. The 

Secretary shall record in writing the minutes of all Gaming Commission meetings and all 

official actions taken by the Gaming Commission. The Treasurer shall account and 

provide reports on all receipts and disbursements of the Gaming Commission. 

g. Voting. All actions of the Gaming'Commission shall be. taken by majority 

vote. The Commission Chairman may vote on any issue: 

h. Meetings. Meetings shall be held at least once per month, in the first week 

of the month at the Tribe's primary meeting facility. Additional meetings shall be held as 

called by the Chair or by at least two (2) 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. Meetings may be called at any 

time, by any means, with unanimous consent of the Commissioners. 

I. Compensation for Servins; Reimbursement of Expenses. Commissioners 

shall be compensated for serving on the Gaming Commission at rates to be set by the 

Tribal Council. Subject to approval by and in accordance with procedures to be adopted 

by the Tribal Council, s commissioners shall be reimbursed for expenses incurred in 

connection with the performance of their Commission duties and shall receive a stipend 

for days spent in perfor'mance of Commission duties. 

j. Powers and Duties. The Gaming Commission shall have the power and 

duty to: \ 

(1) Inspect, examine and monitor gaming activities, including the power 

to demand access to and inspect, examine, photocopy and audit all papers, books and 

records respecting such gaming activities; 
(2) Investigate any suspicion of wrongdoing in connection with any 

gaming activity; 

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

necessary to determine in connection with any gaming activity, compliance with law or 

this Ordinance or any contracts, agreements, goods, services, events, incidents, or other 

matters related to gaming activities; - 

(4) Conduct background investigations regarding any person in any way 

connected with any gaming activity; 

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

persons to attend and testify at such hearings, take such testimony, and receive such 

evidence as the Gaming Commission deems relevant in fulfilling its duties; 

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

Gaming Commission. 

(7) implement and administer a system for investigating, licensing and 

monitoring employees and others connected with gaming activities, as described below, 

including the issuance of licenses to gaming facilities, individuals and entities as required 

under this Ordinance and IGRA; 

(8) Issue such rules and regulations as it deems appropriate in order to 

implement the provisions of this Ordinance; 

(9) Carry out such other duties with respect to gaming activities as the 

Tribal Council shall direct; and 

(10) Hire such staff and support services as deemed necessary subject 

to a budget approved by the Tribal Council. 

k. Annual Reports. On or before April 30th of each year, the Gaming ' 

Commission shall provide to the Tribal Council an Annual Report summarizing its 

activities during the prior twelve month period ending on December 31 st, and accounting 

for all receipts and disbursements. 

All gaming activities on Tribal Lands (whether Class I, II or Ill) are prohibited 

except as expressly authorized under this Ordinance. The following gaming activities are 

authorized under this Ordinance: 

a. Class I Gaminq. Class I gaming activities are hereby permitted to the 

extent consistent with Tribal custom and practice. The Tribal Council may prohibit and 

prevent any conduct which is claimed to be Class I gaming if the Tribal Council finds that 

such conduct is not in accordance with Tribal customs or practices or violates IGRA or 
any other law. 

b. Class II and Class Ill Gaminq. Class II and Class Ill gaming on the 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 enterprise 

pursuant to the provisions of IGRA or as otherwise permitted by law. Nothing herein shall 

prohibit the Tribe from engaging the services of non-tribal persons as employees thereof, 

or engaging any person or entity to provide consulting or other technical assistance to 

Tribe. All Class Ill gaming shall be conducted in accordance with any Tribal-State 

compact between the Tribe and the State of Washington, or any alternative thereto as 

provided by IGRA, and ,as referenced below. 

a. Tribal ProBertv. 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 activity are the property of the Tribe. Any 

profits or net revenues from gaming activities shall be deposited into the Tribe's general 

treasury or such other Tribal account as Tribe shall determine. No Tribal member shall 

be deemed to have any interest therein, provided that the Tribal Council may adopt rules 

for distributing gaming proceeds to members on a per capita basis provided such plan 

meets the requirements of IGRA, 25 U.S.C. 5 2710(b)(3). Once becoming part of the 

Tribe's treasury, revenues generated from gaming activities shall lose any identity as 

gaming revenues except to the extent necessary to comply with applicable law. 

b. - Use. Net revenues from gaming activities are not to be used for purposes 

other than: 

(1) To fund Tribal government operations or programs; 

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

(3) To promote Tribal economic development; 

(4) To donate to charitable organizations; or 

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

a. Gaming Permitted as Licensed. Except to the extent authorized by an 

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

activities shall only be conducted in Tribally owned, operated and licensed facilities 

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

terms and conditions of any license issued by the Tribe 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, regulation 

of alcoholic beverages, food handling and entertainment, and such other matters as the 

Gaming Commission or the Tribal Council may deem necessary to the conduct of gaming 

activities therein. 

- 

b. Gamina Facilitv. 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. 

a. Annual Audits. The Tribe shall require to be conducted an annual outside 

auditing of each gaming activity by a recognized independent accounting firm. The 

results thereof shall be reported to the Tribal Council and, to the extent required by law, 

the Bureau of Indian Affairs and the National Indian Gaming Commission ("NIGC"). 

b. Contracts ,- Audit Requirements. All contracts for providing supplies, 

services, equipment or concessions to any gaming enterprise for a contract amount in 

excess of $25,000 annually (except contracts for professional legal or accounting 

services) shall be subject to independent audits. as established in Section 8a., and such 

contracts shall so specify. 

a. Licensinq Requirements. 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 II or Class Ill gaming activities on Tribal Lands without an 

appropriate and valid independent Class II or Class Ill 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 Tribe in violation of any 

Tribal-State Compact to which the Tribe is a party, or of any applicable law. At the 

discretion of the Gaming Commission, and subject to requirements of this Ordinance, 

license requirements may be modified or waived as to any member of the Tribe. 

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 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 pertaining thereto may constitute 

sufficient grounds for denial, suspension or revocation. 

d. Tvpes of Licenses. Three classes of licenses shall be issued to persons 

associated with gaming 'activities: 

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

permanently associated with any gaming activity as an investor, management entity, 

primary management official, key employee, closely associated independent contractor, 

or other individual or entity with influence over the management or operation of the 

gaming, or a Class II or Ill gaming employee, supplier, manufacturer or distributor, such 

person shall obtain 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) but are to be employed at a gaming facility on Tribal Lands in some other 

capacity, such as 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 activity or the safety or property of the Tribe, a Tribal member, a gaming 

employee or patron, or a member of the public. 

(3) Class C Licenses. Minors (persons under 18 years of age) 

employed at a gaming facility at Tribal Lands may be issued a Class C license, whic'h will 

entitle them to work in any position for which a Class B license is required for adults and 

not otherwise prohibited by this Ordinance or other applicable law. Prior to issuance of 

a Class C license, such minors shall be deemed by the Gaming Commission to pose no 

threat to the safety or integrity of the gaming activity or the safety or property of the Tribe, 

a Tribal member, a gaming employee or patron, or a member of the public. Such 

licenses shall be valid for no more than six (6) months at a time and shall be revoked 

upon the minor's reaching the age of eighteen (18), at which time either a Class A or 6 

license, as applicable, will be required. Minors shall not be employed as dealers or 

othetwise to operate or supervise the operations of games, or to serve liquor. 

e. Background Investiqations. 

(1) The Tribe shall request from each primary management official and 

each key employee all of the information specified in subsections (a) through (n) below. 
~urther, each other applicant for a Class A license, except as provided othewise by the 

Gaming Commission, shall also submit the information specified in (a) through (n) below. 

The Tribe 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) Currently and for 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 above under section (b) of this section 9(e); 

(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; 

(9 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 (10) years 

of the date of the application and is not otherwise listed above pursuant to sections (h) 

or (i) of this section 9(e):.. the criminalcharge, 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) : Current photograph; 

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

(n) Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. $ 522.2(h). 

- 

(2) The Tribe 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. In conducting the background investigation, the Tribe or 

its agent(s) shall promise to keep confidential the identity of each person interviewed in 

the course of the investigation. 

f. Eligibilitv Determination. The Tribe shall review a person's prior activities, 

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

concerning the eligibility -of a key employee or primary management official for 

employment in a gaming operation. If the Tribe 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 Tribal gaming enterprise shall not employ that 

person in a key employee or primary management official position; and further, shall not 

employ the person in any other position for which a Class A license is required, except 

as specifically provided by the Gaming Commission. 

Forwarding Licensinq Applications and Reports to NIGC. 

(1) On or before the date any key employee or primary management 

official is employed by a gaming enterprise authorized under this Ordinance, the Tribe 

shall forward to the NIGC the person's completed application for employment containing 

the information required above under Section 9e. of this Ordinance. 

(2) Prior to issuing a license to a primary management official or key 

employee, the Tribe shall fotward to the NIGC, together with a copy of the eligibility 

determination made under Section 9f. 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 ap'proval of this Ordinance by the Chair of the NIGC. 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) days of 

beginning work. 

The investigative report shall include the following information: 

(a) Steps taken in conducting a background investigation; 

(b) Results obtained; 
GAMING C( XOL ORDINANCE NO. 4-93 - 

(c) ' Conclusions reached; and 

(d) . The bases for those conclusions. 

(3) The Tribe shall provide to the NlGC 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 Tribe shall 

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

inspection by the Chair of the NIGC or his or her designee 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 Tribe 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. 

h. Granting a Gaming License. 

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

required under subsection g. above, the NlGC 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 for whom the Tribe has provided an application and 

investigative report, the Tribe may issue the license. 

(2) The Tribe shall provide any additional information requested by the 

Chair of the NlGC concerning a key employee or primary management official who is the 

subject of a report as required under subsection g. above. A NlGC request for additional 

information shall suspend the thirty (30) day period under subsection h.(l) above until the 

Chair of the NlGC receives the additional information. 

(3) If, within the thirty (30) day period established under subsection h.(l) 

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

key employee or primary management official, the Tribe shall reconsider the application, 

taking into account such objections. The Tribe retains the right to make the final 

determination whether to issue the license to such applicant. 

I. Temporary Licenses. Pending completion of an investigation for a license, 

temporary licenses may be issued by the Gaming Commission if, in its 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 specified by the Gaming 

Commission, in its sole discretion. Such temporary licenses shall expire ninety (90) 

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

specified expiration date, whichever occurs first. 

j a License Renewal. Class A, and Class B licenses unless otherwise 

exempted by the Gaming Commission, shall be subject to renewal every year and may 

be revoked or suspended upon the occurrence of any act which, if known during the 
application process, would have tended to disqualify such person for such a license. 

k. License Investiclations. 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 issue. 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 Bureau of Indian Affairs, the NlGC or such other agency as may 

be required by law. 

I. License Fees. All persons applying for a license shall agree to pay all 

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

the gathering of information and investigation in connection with the license application. 

Applicants may be required to pay all fees and costs incurred in obtaining information 

prior to beginning processing of the application. At the discretion of the Tribal Council, 

members of the Tribe may be exempted from any license fees or costs. An estimate of 

such costs shall be provided to applicants upon reasonable request. 

m. Standards. All persons engaged by or associated with 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 activity involved. Any failure to abide by such standards, or any violation of any 

rule, ordinance, custom or tradition of the Tribe, the Tribal Lands, or the gaming activity, 

or the terms or conditions of the license, may be grounds for immediate suspension or 

revocation of any license issued hereunder. 

n. Appeals. All decisions of the Gaming Commission regarding the issuance 

of licenses shall be considered final and effective when issued. Provided, within fifteen 

(15) days of receipt of the written decision regarding issuance of the license, an applicant 

may file a petition for reconsideration with the Gaming Commission. Any member of the 

Tribe who is denied a license by the Gaming Commission may, within thirty (30) days of 

receiving written notice of such denial, appeal the denial to the Tribal Court, which shall 

have the power to reverse the decision of the Gaming Commission and order that such 

license be issued, provided that no such license shall be issued for more than one (1) 

year, subject to the renewal procedures set forth herein, and provided further that no 

order of the Tribal Court that a license be issued shall be valid if such issuance would 

place the Tribe in violation of any Tribal-State Compact to which the Tribe is a party, or 

of any applicable law. 

0. License Suspension. 

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

information from the NlGC or other reliable sources indicating that a key employee or a 

primary management official is not eligible for employment under the eligibility criteria 

established in section 9 above, the Tribe shall suspend the license and shall notify the 

licensee in writing of the license suspension and proposed revocation. 

(2) The Tribe 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 Tribe shall determine whether to 

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

provided by the NIGC, the Tribe shall notify the NIGC. of its decision. 

p. Facilities Licenses. Before gaming activities can be conductedtherein, the 

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

Ordinance and any requirements of IGRA. Facilities in which gaming activities were 

taking place on the date this Ordinance was adopted shall be deemed to have qualified 

for and be operating under such a license upon adoption of this Ordinance. 

a. Each application form for a key employee or a primary management official, 

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

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

below: 

(1) Privacv 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. $2701 

- et seq. The purpose of the requested information is to determine the eligibility of 

individuals to be employed in a gaming operation. The information will be used by 

National Indian Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The information may be disclosed 

to appropriate Federal, Tribal, State, local, or foreign law enforcement and regulatory 

agencies when relevant'to civil, criminal or regulatory investigations or prosecutions or 

when pursuant to a requirement by a Tribe or the National Indian Gaming Commission 

in connection with the hiring or firing of an employee, the issuance or revocation of a 

gaming license, or investigations of activities while associated with a Tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this notice will result in a 

Tribe's being unable to hire you in a primary management official or key employee 

position. 

 he 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, 5 1001) 

b. Any existing key employee or primary management official, or other Class 

A licensee unless othewise specifically exempted by the Gaming Commission, shall be 
notified that they shall 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. 

a. Disputes between the manager and the Jamestown S'Klallam Tribal Gaming 

Operation or the Tribe shall be resolved according to the procedures in the management 

agreement, Article 16. 

b. Disputes between Olympia and the gaming operation employees 

(1) Olympia shall promulgate an employee manual which shall detail the 

procedures for the resolution of disputes between it and its'gaming operation employees. 

(2) The. procedures required herein shall be subject to the approval of 

the Tribal Gaming Commission. 

(3) No gaming operation employee shall be disciplined by Olympia in any 

way as a penalty for that employee having properly cooperated with the Tribal Gaming 

Commission. , 

c. Disputes between the Tribal gaming manager and the customers. 

(1) It is intent of the parties that all customers disputes be resolved fairly, 

justly, equitably and expediently. 

(2) The manager shall adopt customer dispute. resolution procedures 

which shall implement .the above described intent and which shall be submitted, in 

advance of adoption for approval by the Tribal Commission. 

(3) The customer dispute resolution procedures shall, at a minimum, 

provide: 

(a) Whenever the manager refuses payment of alleged winnings 

to a customer, and the manager and the customer are able to resolve the dispute to the 

satisfaction of the customer and the dispute involves: 

(i) At least $500.00, the manager shall immediately notify 

the Tribal Commission; or 

(ii) Less than $500.00, the manager shall inform the 
customer of his right to request that the Tribal Commission conduct an investigation. The 

Tribal Commission, through an inspector, shall conduct whatever investigation it deems 

necessary and shall determine whether payment should be made. 

(b) The Tribal Commission inspector shall mail written notice by 

certified mail, return receipt requested, to the manager and the customer of his decision 

resolving the dispute within thirty (30) days after the date that the Tribal Cowission first 

receives notification from the manager or a request to conduct an investigation from the 

customer. 

(i) The decision of the inspector is effective on the date it 

is received by the aggrieved party as reflected on the return receipt. 

(ii) Within thirty (30 ) days after the date of receipt of the 

written decision of the Inspector, the aggrieved party may file a petition with the Tribal 

Commission requesting a review of the decision. The Tribal Commission may set a 

hearing on the matter, or may make a decision based solely upon the inspector's decision 

and other documentation provided to tit by the customer and the manager.. The Tribal 

Commission shall then issue a written decision and mail to the parties by registered mail 

or certified mail, return receipt requested. 

(c) The liability of the manger in any dispute under the Section 

shall be limited to the amount of the alleged winnings and a customer shall not be entitled 

to an award of special or punitive damages, or damages for mental distress. 

(d) The decision of the Tribal Commission shall not be subject to 

judicial review. 

In addition to the provisions set forth above, no Class Ill gaming shall be engaged 

in on Tribal Lands unless a Tribal-State compact or alternative as provided by IGRA has 

first been obtained in accordance with the IGRA. All negotiations for such compacts 

shall be conducted through the Tribal Council, with the advice and suggestion of the 

Gaming Commission, and shall be finalized in accordance with Tribal law. To the extent 

any provision of a Tribal-State compact is inconsistent with the provisions of this 

Ordinance, such Compact provision shall prevail and shall be deemed incorporated by 

reference herein. 

Nothing herein shall prevent the Tribe from entering into management contracts 

or other agreements with any person or entity for the management or operation of any 

game otherwise authorized under this ordinance, so long as such agreement is in 

compliance with applicable law. 
a. Any management contract entered into by the Tribal Council for the 

management of Class II'or Class Ill gaming activities must be submitted to the NlGC for 

approval and include, at minimum, the information required under Section 9 of this 

Ordinance. 

. b. Any references to management contracts under this Section shall be 

considered to include all collateral agreements to such contract or agreement that relate 

to the gaming activity. 

c. No management contract shall be effective unless it is entered into pursuant 

to express written authority granted under a valid Tribal Council Resolution. The Tribal 

Council shall specifically approve any management contract prior to its submission to the 

NlGC or another governmental entity for approval. 

a. Restrictions. 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 contract or other such 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 10% or more of the beneficial interest in any 

partnership, trust, or other entity, or in the case of any entity having thirty-five (35) or less 

owners, shareholders, partners or beneficiaries, any interest in any such corporation, 

partnership, trust or other entity, having a financial interest in, or management 

responsibility for, such contract, or any interest in any entity. 

SECTION 16. REGULATION OF SPECIFIC GAMES. 

a. Gamincl Commission Rules. The rules of each Class I game recognized 

hereunder, and of any Class II or Class Ill games permitted hereunder, shall be 

promulgated by the Gaming Commission and shall govern the conduct thereof. 

Nothing in this Ordinance shall be interpreted to prevent the Tribe (through the 

Tribal Council), in its sole discretion, from delegating authority to one or more subordinate 

Tribal boards and corporations, so long as the Tribal gaming enterprises to which licenses 

are issued are solely and exclusively owned by the Tribe. Any Tribal board or 

corporation established by the Tribe to conduct business on behalf of the Tribe retains 

the sovereign immunity of the Tribe, unless specifically and expressly waived by the Tribe 

in writing. 

SECTION 18. CONSTRUCTION AD SEVERABILITY. 

a. 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. 

b. If any Section of this Ordinance, or its application to any person or entity or 

circumstance, 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. - 

SECTION 19. TRIBAL SOVEREIGN IMMUNWY AND JURISDICTION PRESERVED. 

Nothing in this Ordinance shall be construed as a waiver of the sovereign immunity 

of the Tribe, the Tribal Council, or of any board, committee, or corporation acting under 

the authority of the Tribe or the Tribal Council. Nothing in this Ordinance shall be 

construed as a grant of jurisdiction to the United States or to a State or local government. 

The Tribal Council shall have the authority to amend this Ordinance as it deems 

necessary after its effective date without further approval. 

To the extent that they are inconsistent with this Ordinance, all prior gaming 

Ordinances are hereby repealed. 

CERTIFICATION 

I, W. Ron Allen, Chairman of the Jamestown S'Klallam Tribal Council, do hereby certify 

that the foregoing resolution was adopted at a meeting of the Jamestown S'Klallam Tribal 

Council held on the 16th day of November 1993, at the Jamestown S'Klallam Tribal Office 

in Blyn, Washington, and where a quorum was present and approving the resolution by 

a vote of 5 FOR and -0- AGAINST with -0- ABSTAINING. 

W. Ron Allen, Tribal ChairrnanIExecutive Director