—
a >

operations authorized by the Tribe and for the enforcement of the
Compact, including, but not limited to, the following areas as set
forth in the Compact and this Ordinance for the following matters,

which referenced Compact provisions are incorporated herein by
reference:

(i) Nature, size and scope of Class III gaming
Compact, Section 3.

(ii) Licensing and certification requirements
Compact, Section 4.

(iii) Licensing and State certification procedures
Compact, Section 5. :

(iv) Tribal enforcement of Compact provisions
Compact, Section 6.

(v) Regulatory jurisdiction relating to the
enforcement of the provisions of Compact -
Compact, Section 8.

(vi) Law enforcement jurisdiction relating to
gaming - Compact, Section 9.

(vii) Enactment of Compact provisions and

regulations governing gambling - Compact,
Section 10.

(viid) Regulations for the operations and management
of the Tribal-Compact gaming operation -
Compact, Section 11.

(ix) Enforcement of public health and _ safety
provisions - Compact, Section 14.

6.0 ADMINISTRATOR, STAFF, RULES AND REGULATIONS. The
Commission shall employ a Director, either full or part time, who
shall be the chief administrator and lead enforcement official for
the Commission in carrying out its powers and duties and who shall
issue rules and regulations for adoption by the Commission
governing the activities authorized and shall supervise other
Commission employees in carrying out the purposes and provisions of
this Ordinance. In addition, and with the consent of the
Commission the Director shall employ such staff as the Commission
determines is necessary to carry out the purposes and provisions of
this Ordinance, including gaming inspectors. Neither the Director
hor any other Commission employee working therefor shall be an
employee of any Tribal or other gaming operation. The Commission
shall define the powers and duties of its employees, including
delegation of Commission enforcement powers.

-4-


ed

financial relationship between any licensee and the state lottery
and other matters regarding state lottery operation;

(c) jurisdiction of the Director, Washington State
Lottery, or any lawfully appointed designee thereof, over state
lottery administrative disputes, in accordance with Washington
State law; :

(da) the entry upon trust lands and property
including lands owned by the Tribe or its members, by lottery
employees, including investigators or enforcement officers, solely
for the purpose of conducting investigations and enforcing the
provisions of RCW 67.70.

Provided that, nothing in this ordinance shall be deemed to
constitute a waiver of immunity on the part of the Tulalip tribal
government, corporation, or any entity created by either as to any
assets or property of any nature whatsoever, or the adjudication
of any federal rights or immunities. (as adopted January 9, 1988,
Resolution #88~-0009)

Section 12: Civil Remedy/Enforcement/Appeal

12.1 The Tulalip Tribal Court shall have exclusive
jurisdiction over the enforcement of this Ordinance brought by the
Tribes - +, except to the extent federal law provides otherwise.

a

12.2 (a) Every such activity relating to the subject
matter of this Ordinance, namely gaming, held and/or conducted or
engaged in within the Tulalip Indian Reservation, which is
contrary to the provisions of this Ordinance and rules and
regulations promulgated hereunder, is hereby prohibited and
declared to be unlawful and a public nuisance, the remedy for which
shall be an injunction and/or abatement and/or a civil fine(s) not
to exceed $5,000 per day, per violation, and/or cancellation of any
license or permit issued to or relating thereto, or all.

(b) Fines may be established as liens upon
specifically described property involved in a violation of this
Ordinance, by order of the tribal court. In the case of real
property, such order shall be filed for record notice with the
Snohomish County Auditor. Liens on personal property shall be
filed with Washington's Secretary of State. Upon twenty (20) days'
written notice served, or fifty (50) days' notice by publication,
with opportunity to request a hearing on the maker no later than
ten days after expiration of the notice period, the tribal court

may order the property sold at public auction, or forfeited ta the
Tulalip Tribe.

12.3 Any person or entity may appeal a final order of
the tribal court, as provided in Tulalip Ordinance No. 49.

ORDINANCE NO. 55 - 10


Amendment No. 1 to Tulalip Gaming
Ordinance No. 55, as amended (dated
February 9, 1995 - original enclosed)


01/27/95 08:21 B206 8450 BELL & INGRAM (ov2/002

“

AMENDMENT NO. 1
TO TULALIP GAMING ORDINANCE NO. 55,
AS AMENDED

BE AND IT IS HEREBY ENACTED by the Board of Directors of the
Tulalip Tribes who do here promulgate and enact the following
amendment to the Tulalip Gaming Ordinance No. 55, as amended,
pursuant to the powers vested in it by Article VI, Section 1(k) and
(1) of the Constitution and Bylaws of the Tulalip Tribes of
Washington, and the Indian Gaming Regulatory Act, 25 U.S.C. Section
271, et. seq., as follows:

A. Section 4.2(d) is hereby deleted;

B. The first paragraph of Section 6.4 is hereby amended to
read as follows, to wit:

Background investigations shall be conducted
on the primary management officials and key
employees of the gaming enterprise on the
Tulalip Reservation to the extent not less
than that required by the Indian Gaming
Regulatory Act and 25 CFR Parts 556 and 558,
all as the same now exist or as they may
hereafter be amended. The Tribes shall
promulgate rules and regulations establishing
a background investigation procedure and
process adequate to; and,

Cc. The word "maker" in the eighth line of Section 12.2(b) is
hereby deleted and the word "matters" substituted therein and in
lieu thereof.

Adopted by the Board of Directors of the Tulalip Tribes of
Washington at a regularly scheduled meeting assembled on the
day of , 1995, with a quorum present by a vote of

for and against.

TULALIP TRIBES OF WASHINGTON

By.
Stanley G. Jones, Sr., Chairman

ATTEST:

Herman L. Williams, Jr., Secretary

e:\dib\ tribes \ord55 .ame


(I) are explicitly authorized by the laws
of the State, or

(II) are not explicitly prohibited by the
laws of the State and are played at any location in the State,

but only if such card games are played in conformity with those
laws and regulations (if any) of the State regarding hours or
periods of operation of such card games or limitations on wagers
or pot sizes in such card games.

(b) The term "class II gaming" does not include

(i) any banking card games, including
baccarat, chemin de fer, or blackjack (21), or

(ii) electronic or electromechanical
facsimiles of any game of chance or slot machines of any kind.

(c) Notwithstanding any other provision of this
paragraph, the term "class II gaming" includes those card games
played in the State of Washington, that were actually operated in
such State by an Indian tribe on or before May 1, 1988, but only
to the extent of the nature and scope of the card games that were
actually operated by an Indian tribe in such State on or before
such date, as determined by the Chairman of the National Indian
Gaming Commission.

. (ad) Notwithstanding any other provision of this
paragraph, the term "class II gaming" includes, during the 1-year
period beginning on October 17, 1988, any gaming described in
subparagraph (B) (II) that was legally operated on Indian lands on
or before May 1, 1988, if the Indian tribe having jurisdiction over
the lands on which such gaming was operated requests the State, by
no later than the date that is 30 days after October 17, 1988, to
negotiate a Tribal-State compact under section 2710(d)(3) of this
title.

4.3 “Punch Boards" and "Pull-Tabs" shall be given their
usual and ordinary meaning as of January 1, 1982; or as otherwise
defined by the Tribes by rule or regulation.

4.4 "Social card games," deemed "class II gaming and
permissible on the Reservation, include the games of poker, hearts,
bridge, pinochle, cribbage, rummy, mah-jongg (tiles), coon-can,
pan, and pitch, when authorized by the Tribes, and such other card
games allowed by the Tribes consistent with applicable federal
restrictions, so long as:

(a) there are two or more participants and each of
them is a player;

ORDINANCE NO. 55 - 3


(d) to donate to charitable organizations; or

(e) to help fund operations of local government
agencies.

8.2 Net revenues from any Class II or Class III gaming
activities may be used to make per capita payments to’ members of
the Tulalip Tribes only if:

(a) the Tribes have prepared a plan to allocate
revenues to the uses authorized by Section 8.1, which plan has been
approved by the Secretary of the Interior as adequate;

(b) the interests of minors and other legally
incompetent persons who are entitled to receive any of the per
capita payments are protected and preserved and the per capita
payments are disbursed to the parents or legal guardian of such
minors or legal incompetents in such amounts as may be necessary
for health, education or welfare of the minor or other legally
incompetent person under a plan approved by the Secretary of
Interior and the Tribes; and

(c) the Tribes notifies its members of Federal tax
liabilities of the per capita payment when made.

Section 9. Self~-Regulation.

During any year in which the Tulalip Tribes has a
certificate for self-regulation from the National Indian Gaming
Commission, as provided in 25 U.S.C. §2710(c) of The Indian Gaming
Regulation Act of 1988,

(a) the Tribes shall not be subject to the
provisions of paragraphs (1), (2), (3), and (4), Section 7(b) of
the Act;

(b) the Tribes shall continue to submit an annual
independent audit as required by subsection (b)(2)(C) of 25 U.S.C.
§2710 and shall submit to the National Commission a complete resume
on all employees hired and licensed by the Tribe subsequent to the
issuance of a certificate of self-regulation; and

Section 10: Class III Gaming Requirements:

10.1 No class III gaming shall be conducted on the
Tulalip Indian Reservation until this Ordinance has been approved
by either the Secretary of the Interior or the Chairman of the
National Indian Gaming Commission.

10.2 Only those Class III gaming activities shall be
allowed which are:

ORDINANCE NO. 55 - 8


a

7.0 COMMISSIONERS AND EMPLOYEES - ACTIVITIES PROHIBITED.
Commissioners or employees of the Commission shall not:

(i) Serve as an officer, employee or manager of
any organization, person, group, tribe or
entity which conducts gambling activities;

(ii) Receive or share in, directly or indirectly,
profits of any gambling activity, other than
authorized per capita payments, gr?

(iii) Be beneficially interested in any contract for

the manufacture or sale of gambling equipment,
services or devices or -the provision of
independent consultant services in connection
with a gambling activity.

8.0 REPORTS. The Commission shall and no less than quarterly
make reports to the Board covering such matters in connection with

this Ordinance or as the Board may otherwise more frequently
require.

9.0 ENFORCEMENT, INVESTIGATION AND. SANCTIONS. The
Commission, in order to assure the compliance of any Tribal gaming
operation with the provisions of applicable laws, codes,
ordinances, rules and/or regulations:

(i) Shall have free access to all gaming premises,
employees, books and records at any time and

. for any purpose related to performance of its
functions hereunder;

(ii) May deny an application for or suspend or
revoke any license or permit issued by it, for
any reason or reasons it deems to be in the
Tribal or public interest.

(iii) May impose fines not to exceed five thousand
dollars ($5,000.00) per violation for any
violation of any Tribal gaming ordinance, IGRA

and/or the Compact, including rules and
regulations;

9.1 Any action taken by the Commission under this
Section shall be reduced to writing with a copy delivered to the
affected organization or person, who may appeal within ten (10)
days of receipt thereof the action to the Commission, which shall
conduct a hearing at a public or private hearing and determine the
appeal of the charges at a time in their discretion, as well as
prescribe the procedures for the hearing. The decision of the
Commission shall be final unless appealed to the Tribal Court


9.0 ENFORCEMENT, INVESTIGATION AND SANCTIONS. The Commission

in order to assure the compliance of any Tribal gaming operation
with the provisions of applicable compacts, laws, codes,
ordinances, rules and/or regulations, and/or any other reason(s) it
deems to be in the Tribal or public interest;

(i) Shall have free access to all gaming premises,
employees, books and records at any time and
for any purpose related to performance of its
functions hereunder;

(ii) May deny an application for or suspend or
revoke any license or permit issued by it;

(iii) May impose fines not to exceed five thousand
dollars ($5,000.00) per violation for any
violation of any Tribal_gaming ordinance, IGRA
and/or the Compact, including rules. and
regulations. ‘

Furthermore, the effective date of this Amendment shall be the
later of the required approvals pursuant to the Tribal
Constitution, Article VI, Section 2 and 25 CFR Section 522.3.

Adopted at the regular meeting of the Tulalip Tribes Board of
Directors on the 3rd day of December, 1994, with a quorum present
by a vote of © for and (* against.

TULALIP TRIBES OF WASHINGTON

By Wie N\y cus Oo.

Stanley G.\JoneS, Sr., Chairman

ATTEST:

bf?

Herman Williams, Jr., Secretary

¢:\dlb\tribes\ordSSa.ame

voret

puget Soung Agency Superintendent.

¥.oShington

12/16/94


01/27/95 08:21 206 8450 BELL & INGRAM 001/002

_
LAW OFFICES OF
BELL & INGRAM

Lewis A. DELL 11962) ‘A PROFESSIONAL SERVICE CORPORATION EVERETT (206) 268-6261
WILLIAM F. INGRAM® SEATTLE (208) 762-3623
DOUSIAS Bett 1602 HEWITT AVENUE, SUITE 700

SIEVEN D. UBERTI P.O. BOX 1769 FAX (206) 339-8450
JAMES H. JONSD, JR, IVERETL WASHINGION 98206

LORNA L, 8IGSBY
BRUCE R, BELL
DAVID 8. CARSON nn
JEFFREY C. WISHKO
JOHN 5. MCMASTERS:

NATURE SAVER FAX MEMO 01616 [1 )471Q5[Hlaa> 2
“Wham Loeissman|"TM

/co./Dept. Co.
a
January 27, 1995 aaa NIGgc nels a
Fat (202) 1066 [*! 20@ 339 BYSD

*OF COUNSEL

Mr. William Weissman
National Indian Gaming Commission

Re: Amendments to Tulalip Tribal Gaming Ordinance No. 55, As ¢
Amended 4

Dear Bill:

Please find enclosed my proposal amending Section 6.4 in order to
bring it in line with the suggestions of Chairman Monteau per his ~~
letter of December 22, 1994 to the Tribe. 4

In addition, the Ordinance has been "cleaned up" in regard to

Section 4.2(d) by eliminating the same as no longer being pertinent .
or applicable, and correcting the typographical error in Section TM~
12.2(b).

Please advise as soon as possible whether this meets the
requirements of Chairman Monteau's letter so the same may be
adopted by the Tribe and resubmitted to NIGC for review and
approval.

Thank you.

Sincerely Yours,

ec: Board of Directors, Tulalip Tribes


(a) permitted by the State of Washington for any
purpose by any person, organization or entity; and

(b) conducted in conformance with a Tribal-State
compact entered into by the Tulalip Tribe and State of Washington,
and in effect.

10.3 The Tribes, in its sole discretion, may, either by
ordinance or resolution, revoke any authorization for Class III
gaming.

Section 11: Tribal, Federal and State Prohibitions

11.1 Gambling within the Tulalip Indian Reservation by
any person acting other than as a player, or by any party,
partnership, entity, firm, and/or corporation is hereby prohibited
and declared unlawful except when authorized by the Tribes by
ordinance or resolution and conducted pursuant to the control,
rules and regulations of the Tribes, as well as the Indian Gaming
Regulatory Act and rules and regulations promulgated thereunder.

11.2 Nothing herein, nor any rule and/or regulation
promulgated hereunder shall be construed to supersede or preempt
either the criminal/prohibitory laws of the State of Washington or
applicable laws of the United States of Amer'ica, insofar as said

laws shall absolutely prohibit a gambling activity, unless federal
law so allows.

11.3 It is the intent of this Ordinance to exert tribal
sovereignty and jurisdiction within the Tulalip Indian Reservation
and to preempt any civil-regulatory power or law, if any, of the
State of Washington, within said boundaries concerning the subject

matter of this Ordinance, except as otherwise provided in Section
11.4.

11.4 None of these prohibitions or assertions of tribal
authority contained in this Ordinance are intended to apply to the
licensing by the State of Washington of state lottery retailers,
pursuant to RCW 67.70 and implementing state regulations and
procedures. The Tribe will not object to the following assertions
of exclusive state authority in regard to the state lottery:

(a) the issuance and revocation of lottery retailer
licenses and the regulation of the manner of lottery ticket sales

within the boundaries of the Tulalip Indian Reservation, pursuant
to state law;

(b) state court jurisdiction , with exclusive venue
in Thurston County, over state lottery license issues, including
issuance or revocation, the conduct of a lottery retailer, the

ORDINANCE NO. 55 - 9


_-

5 a

3.0 CHAIRMAN, QUORUM, MEETINGS, COMPENSATION AND EXPENSES,
BOND ~ REMOVAL.

3.1 Annually, upon the appointment of membership of the
Commission by the Board, the Board shall designate one each of
their number as Chairman, Vice-Chairman and Secretary.

3.2 The Chairman shall preside over all meetings of the
Commission, shall perform all duties of a Chairman and exercise any
authority delegated to him by the Commission. A quorum_shall be
three (3) Commissioners. The Chairman may vote.

3.3 The Vice-Chairman shall assist the Chairman when
called upon to do so and in the absence of the Chairman preside.
When presiding the Vice-Chairman shall have all the rights,
privileges and duties as well as responsibilities of the Chairman.

3.4 The Secretary shall conduct all Commission
correspondence and shall keep an accurate record of all matters
transacted at Commission meetings. It shall be the Secretary's
duty to promptly submit to the Secretary of the Board all minutes
of regular and special meetings of the Commission.

3.5 The principal office of the Commission shall be at
such place as designated by the Board and hold meetings at least
quarterly and at such other times as may be called by the Chairman

or upon written request to the Chairman by any other Commissioner
or at the direction of the Board.

3.6 ‘Commissioners may be compensated and receive

reimbursement for their expenses as determined annually by the
Board.

3.7 Before entering the duties of office, each
Commissioner shall enter into a surety bond executed by a surety
company acceptable to the Board and authorized to do business in
the State of Washington payable to the Tulalip Tribes of Washington
in the penal sum of $100,000.00 conditioned upon the faithful
performance of the Commissioner's duties and take and subscribe to
an oath of office as prescribed in Article IV of the Bylaws for the
Tribe. The premium for said bond shall be paid by the Board.

3.8 Any Commissioner may be removed for the arrest
and/or conviction of any crime, inefficiency, malfeasance and/or
misfeasance in office upon specific written charges filed by the
Executive Director of the Tribe with the Secretary of the Board.
The Board shall hear the matter at a public or private hearing and
adjudicate the charges at a time set in their discretion; as well
prescribe the procedure for the hearing. The decision of the Board
shall be final and non-appealable. Removal of any Commissioner by
the Board shall disqualify such member for reappointment.


(ad) to donate to charitable organizations; or

(e) to help fund operations of local government
agencies.

8.2 Net revenues from any Class II or Class III gaming
activities may be used to make per capita payments to members of
the Tulalip Tribes only if:

(a) the Tribes have prepared a plan to allocate
revenues to the uses authorized by Section 8.1, which plan has been
approved by the Secretary of the Interior as adequate;

(b) the interests of minors and other legally
incompetent persons who are entitled to receive any of the per
capita payments are protected and preserved and the per capita
payments are disbursed to the parents or legal guardian of such
minors or legal incompetents in such amounts as may be necessary
for health, education or welfare of the minor or other legally
incompetent person under a plan approved by the Secretary of
Interior and the Tribes; and

(c) the Tribes notifies its members of Federal tax
liabilities of the per capita payment when made.

Section 9. Self-Regulation.

During any year in which the Tulalip Tribes has a
certificate for self-regulation from the National Indian Gaming
Commission, as provided in 25 U.S.C. §2710(c) of The Indian Gaming
Regulation Act of 1988,

(a) the Tribes shall not be subject to the
provisions of paragraphs (1), (2), (3), and (4), Section 7(b) of
the Act;

(b) the Tribes shall continue to submit an annual
independent audit as required by subsection (b)(2)(C) of 25 U.S.C.
§2710 and shall submit to the National Commission a complete resume
on all employees hired and licensed by the Tribe subsequent to the
issuance of a certificate of self-regulation; and

Section 10: Class III Gaming Requirements:

10.1 No class III gaming shall be conducted on the
Tulalip Indian Reservation until this Ordinance has been approved
by either the Secretary of the Interior or the Chairman of the
National Indian Gaming Commission.

10.2 Only those Class III gaming activities shall be
allowed which are:

ORDINANCE NO. 55 - 8


Tulalip Tribes, and no part of the proceeds thereof shall inure to
the benefit of any person other than that organization conducting
said game.

6.2 A tribal license shall also be required for primary
management officials and key employees of each gaming enterprise
on the Reservation, with prompt notification to the National Indian
Gaming Commission of the issuance of such licenses.

6.3 No license shall be issued for a gaming facility
unless the Tribes determine that its construction has been
completed in a manner which adequately protects the environment and
the public health and safety. One of the conditions of such
license shall be that the facility also be maintained and the
gaming so operated as to continue to meet this standard.

6.4 Background investigations shall be conducted on the
primary management officials and key employees of a gaming
enterprise on the Tulalip Reservation as mandated by the Indian
Gaming Regulatory Act. The Tribes shall promulgate rules and
regulations establishing a background investigation procedure and
process adequate to:

(a) ensure that background investigations are
conducted on primary management officials and key employees of any
gaming enterprise and that oversight of such,officials and their
management is conducted on an ongoing basis; and

(b) includes:

(i) Tribal licenses for primary management
officials and key employees of any gaming enterprise with prompt
notification to the National Indian Gaming Commission of the
issuance of such licenses;

(ii) a standard whereby any person whose prior
activities, criminal record, if any, or reputation, habits and
associations pose a threat to the public interest or to the
effective regulation of gaming, or create or enhance the dangers
of unsuitable, unfair, or illegal practices and methods and
activities in the conduct of gaming shall not be eligible for
employment; and

(iii) notification by the Tribes to the
National Indian Gaming Commission of the results of such background
check before the issuance of any such licenses.

6.5 If after the issuance of a gaming license, the Tribes
receives reliable information from the National Indian Gaming
Commission or other reliable sources that a primary management
official or key employee does not meet the standard established
under the second sentence of Section 6.4, rules and regulations to

ORDINANCE NO. 55 - 6


(I) are explicitly authorized by the laws
of the State, or

(II) are not explicitly prohibited by the
laws of the State and are played at any location in the State,

but only if such card games are played in conformity with those
laws and regulations (if any) of the State regarding hours or
periods of operation of such card games or limitations on wagers
or pot sizes in such card games.

(b) The term "class II gaming" does not include

(i) any banking card games, including
baccarat, chemin de fer, or blackjack (21), or

(ii) electronic or electromechanical
facsimiles of any game of chance or slot machines of any kind.

(c) Notwithstanding any other provision of this
paragraph, the term "class II gaming" includes those card games
played in the State of Washington, that were actually operated in
such State by an Indian tribe on or before May 1, 1988, but only
to the extent of the nature and scope of the card games that were
actually operated by an Indian tribe in sucH State on or before
such date, as determined by the Chairman of the National Indian
Gaming Commission.

(ad) Notwithstanding any other provision of this
paragraph, the term "class II gaming" includes, during the 1-year
period beginning on October 17, 1988, any gaming described in
subparagraph (B) (II) that was legally operated on Indian lands on
or before May 1, 1988, if the Indian tribe having jurisdiction over
the lands on which such gaming was operated requests the State, by
no later than the date that is 30 days after October 17, 1988, to

negotiate a Tribal-State compact under section 2710(d)(3) of this
title.

4.3 "Punch Boards" and "Pull-Tabs" shall be given their
usual and ordinary meaning as of January 1, 1982; or as otherwise
defined by the Tribes by rule or regulation.

4.4 "Social card games," deemed "class II gaming and
permissible on the Reservation, include the games of poker, hearts,
bridge, pinochle, cribbage, rummy, mah-jongg (tiles), coon-can,
pan, and pitch, when authorized by the Tribes, and such other card
games allowed by the Tribes consistent with applicable federal
restrictions, so long as:

(a) there are two or more participants and each of
them is a player;

ORDINANCE NO. 55 - 3


a _

technology does not change the fundamental characteristics of the
game.

4.9 Tulalip Indian Reservation, as used in this
Ordinance, includes those lands set aside as the Tulalip
Reservation by Article III of the Treaty of Point Elliott, 12 Stat.
928 (1855), and President Grant's December 23, 1873 Executive
Order, plus other lands held in trust for the Tulalip Tribes of
Washington or a Tulalip member(s), or held by the Tribe or its
member(s) subject to a restriction by the United States against
alienation and over which the Tribe exercises governmental power.

Section 5: Administration, Management and Operation of Gaming

The Tribes are empowered to administer this Ordinance,
including general control, management and supervision of all herein
authorized activities and properties, both real and personal, and
to exercise all of the powers necessary and proper to accomplish
all of the purposes of this Ordinance and as further hereinafter
set forth and may do the following illustrative acts and things for
and on behalf of and in the names of the Tulalip Tribes of
Washington:

(a) to adopt and enforce appropriate rules and
regulations for the purpose of carrying into effect the purposes
and provisions of this Ordinance and the Indian Gaming Regulatory
Act and the performance of its functions, including enforcement
provisions and penalties.

(b) collecting, auditing, issuing and/or
establishing and collecting fees, licenses, taxes and permits.

(c) purchasing, leasing, warehousing and selling
bingo, punch board and pull-tab devices and other equipment for
permissible gaming hereunder.

Section 6: Licenses Required/Background Investigations.

6.1 A separate license issued by the Tribes shall be
required for each place, facility, or location on the Tulalip
Indian Reservation at which class II or class III gaming is
conducted. Except as provided in Section 6.6, the Tulalip Tribe
shall have the sole proprietary interest and responsibility for the
conduct of any class II and class III gaming activity. Except as
otherwise expressly provided in this Ordinance, no person other
than a member of the Tulalip Tribes, or an employee of the Tulalip
Tribes, shall take any part in the primary or key management or
operation of said game, and no person who takes part in the
management or operation of said game shall take any part in the
management or operation of any game conducted by any other
organization of whatsoever kind or nature or wherever situate, or
any other branch of the same organization, unless approved by the

ORDINANCE NO. 55 - 5


(b) a player's success at winning money or other
thing of value by overcoming chance is in the long run largely
determined by the skill of the player;

(c) neither the Tribes nor any organization,
corporation or person collects or obtains or charges any percentage
of or collects or obtains any portion of the money or thing of
value wagered or won by any of the players: Provided that this
subsection shall not preclude a player from collecting or obtaining
his or her winnings nor preclude the Tulalip Tribes from setting
a fee for playing based on playing time;

(d) the type of card game is one specifically
approved by the Tribes; and

(e) the extent of wagers, money or other thing of
value which may be wagered or contributed by any player does not
exceed the amount or value specified by the Tribes.

4.5 Class III gaming means all forms of gaming that are
not class I or class II gaming.

4.6 Net revenues means gross revenues of a gaming
activity less amounts paid out as, or paid for, prizes and total
operating expenses, excluding management contract fees.

4.7 “Player" means a natural person who engages, on
equal terms with the other participants, and solely as a contestant
or bettor, in any form of gambling in which he may not receive or
become entitled to receive any profit therefrom other than personal
gambling winnings, and without otherwise rendering any material
assistance to the establishment, conduct or operation of a
particular gambling activity. A natural person who gambles at a
social game of chance on equal terms with the other participants
therein does not otherwise render material assistance to the
establishment, conduct or operation thereof by performing, without
fee or remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play,
permitting the use of premises therefor, and supplying cards or
other equipment used therein.

4.8 Notwithstanding any of the foregoing definitional
limitations, the Tribes may, as provided in section 6(3), enter
into agreement(s) by which the Tulalip Tribes joins with other
tribes to coordinate any tribal gaming operation falling within the
“class II" category of §4 of the Indian Gaming Regulation Act. For
example, an agreement(s) may be made directly with other tribes or
with a management company or other entity to link players at
various reservations, whether in the same or different states, by
means of telephone, cable, television, satellite, and/or other
telecommunication/computer technology, so long as the use of such

ORDINANCE NO. 55 - 4


4.0 POWERS AND DUTIES ~ CLASS IT AND II. The Commission shall
have the primary responsibility for the Tribe for the on-site
regulation, auditing, controls and security of all Class I and II
gaming operations authorized by the Tribe, including, but not
limited to, the following areas as set forth in IGRA, any Tribal
gaming ordinance as it now exists or may hereafter be enacted and
this Ordinance for the following matters:

(i) Conduct annual outside audits of the gaming;

(ii) Assure that the construction and maintenance
of any gaming facility and the operation of
that gaming is conducted in a manner which

adequately protects the environment and the
public health and safety;

(iii) Assure with such gaming that there is an
adequate system which ensures that background
investigations are conducted on the primary
management officials and key employees of the
gaming enterprise, and that oversight of such
officials and their management is conducted on
an ongoing basis, including the issuance of
Tribal licensing for primary management
officials and key employees of the gaming
enterprise, establish standards whereby any
person whose prior activities, criminal
record, if any, or reputation, habits and
associations pose a threat to the public
interest or to the effective regulation of
gaming or create or enhance the dangers of
unsuitable, unfair or illegal practices and
methods and activities in the conduct of such
gaming;

(iv) Notify the National Indian Gaming Commission
of the results of such background checks
before the issuance of any such licenses;

(v) Seek, where appropriate, certificates of self
regulation for Class II gaming activities
under IGRA, monitor and assure enforcement of
ordinance provisions, whether relating to
regulations or law enforcement;

(vi) Adopt rules and regulations governing Class I
and II gaming.

5.0 OWERS AND_DU' SS - CLASS III. The Commission shall have
the primary responsibility for the Tribe for the on-site
regulation, auditing, controls and security of all Class III gaming


~

be promulgated, the Tribes shall suspend his or her license and,
after notice and hearing, may revoke such license. By regulation,
the Tribes may set grounds for license suspension, revocation, and
denial, including the above-referenced standard and such other
grounds as it deems appropriate.

6.6 No license shall be required for class I gaming’ on
the Tulalip Reservation.

6.7 No license shall be issued for a gaming activity
managed or operated by other than the Tribes, except State and
Tribally licensed Washington State lottery retailers.

6.8 The National Indian Gaming Commission shall have
thirty (30) days to notify the Tribe of any objections to issuance
of a gaming license.

6.9 The procedures for license application and review
shall be set forth in regulations to be promulgated by the Tribes.
All licenses shall be for one year only and renewable upon review
and approval of the Tribes, as set forth in its regulations.

6.10 Nothing in this Ordinance or any rules or
regulations promulgated pursuant hereto shall be deemed a waiver
of the Tulalip Tribes sovereign immunity or consent to be sued.

Section 7: Audits.

7.1 Annual outside audits of class II and class III
gaming on the Tulalip Reservation, which may be encompassed within
existing independent tribal audit systems, shall be provided by the
Tribes to the National Indian Gaming Commission.

7.2 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 III gaming shall be subject to such independent
audits.

Section 8. Net Revenue Allocation.

8.1 Net revenues from any Tribal gaming are not to be
used for purposes other than:

(a) to fund Tribal government operations or
programs;

(b) to provide for the general welfare of the
Tulalip Tribes and its members;

(c) to promote Tribal economic development;

ORDINANCE NO. 55 - 7


Amendment to Ordinance No. 55A,
establishing Tribal Gaming Commission to
finance powers, duties and procedures
(dated December 3, 1994 - transmitted to
NIGC December 5, 1994)


NATIONAL
INDIAN
GAMING
‘|| COMMISSION MAR | 3 1995

Stanley Jone&, Chariman
Tulalip Tribes i on
6700 Totem Beach Road
Marysville, Washington 98271

Dear Chairman Jones:

This letter responds to your request to review and approve the
tribal gaming ordinance submitted on September 20, 1994, for the
Tulalip Tribes of Washington (the Tribes). 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 regulations that may be included in a tribal
ordinance are not subject to review and approval. Also, this
letter 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 Tribes’ gaming ordinance, the
Tribes are now required to conduct background investigations on
their 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).

Thank you for submitting the ordinance of the Tulalip Tribes of
Washington for review and approval. The NIGC staff and I look

forward to working with you and the Tribes in implementing the
IGRA.

Monteau

Chairman

cc: Douglas L. Bell, Esq,” -

1850 M STREET. NW. SUITE 250 WASHINGTON. OC 2003G__ TEt_202 632-7003 _ FAX _202°632°7066



financial relationship between any licensee and the state lottery
and other matters regarding state lottery operation;

(c) jurisdiction of the Director, Washington State
Lottery, or any lawfully appointed designee thereof, over state
lottery administrative disputes, in accordance with Washington
State law;

(da) the entry upon trust lands and property
including lands owned by the Tribe or its members, by lottery
employees, including investigators or enforcement officers, solely
for the purpose of conducting investigations and enforcing the
provisions of RCW 67.70.

Provided that, nothing in this ordinance shall be deemed to
constitute a waiver of immunity on the part of the Tulalip tribal
government, corporation, or any entity created by either as to any
assets or property of any nature whatsoever, or the adjudication
of any federal rights or immunities. (as adopted January 9, 1988,
Resolution #88-0009)

Section 12: Civil Remedy/Enforcement/Appeal

12.1 The Tulalip Tribal Court shall have exclusive
jurisdiction over the enforcement of this Ordinance brought by the
Tribes .....:, except to the extent federal law provides otherwise.

12.2 (a) Every such activity relating to the subject
matter of this Ordinance, namely gaming, held and/or conducted or
engaged in within the Tulalip Indian Reservation, which is
contrary to the provisions of this Ordinance and rules and
regulations promulgated hereunder, is hereby prohibited and
declared to be unlawful and a public nuisance, the remedy for which
shall be an injunction and/or abatement and/or a civil fine(s) not
to exceed $5,000 per day, per violation, and/or cancellation of any
license or permit issued to or relating thereto, or all.

(b) Fines may be established as liens upon
specifically described property involved in a violation of this
Ordinance, by order of the tribal court. In the case of real
property, such order shall be filed for record notice with the
Snohomish County Auditor. Liens on personal property shall be
filed with Washington's Secretary of State. Upon twenty (20) days'
written notice served, or fifty (50) days' notice by publication,
with opportunity to request a hearing on the maker no later than
ten days after expiration of the notice period, the tribal court
may order the property sold at public auction, or forfeited ta the
Tulalip Tribe.

12.3 Any person or entity may appeal a final order of
the tribal court, as provided in Tulalip Ordinance No. 49.

ORDINANCE NO. 55 - 10


(a) permitted by the State of Washington for any
purpose by any person, organization or entity; and

(b) conducted in conformance with a Tribal-State

compact entered into by the Tulalip Tribe and State of Washington,
and in effect.

10.3 The Tribes, in its sole discretion, may, either by
ordinance or resolution, revoke any authorization for Class III
gaming.

Section 11: ‘Tribal, Federal _ and State Prohibitions

11.1 Gambling within the Tulalip Indian Reservation by
any person acting other than as a player, or by any party,
partnership, entity, firm, and/or corporation is hereby prohibited
and declared unlawful except when authorized by the Tribes by
ordinance or resolution and conducted pursuant to the control,
rules and regulations of the Tribes, as well as the Indian Gaming
Regulatory Act and rules and regulations promulgated thereunder.

11.2 Nothing herein, nor any rule and/or regulation
promulgated hereunder shall be construed to supersede or preempt
either the criminal/prohibitory laws of the State of Washington or
applicable laws of the United States of America, insofar as said
laws shall absolutely prohibit a gambling activity, unless federal
law so allows.

: 11.3 It is the intent of this Ordinance to exert tribal
sovereignty and jurisdiction within the Tulalip Indian Reservation
and to preempt any civil-regulatory power or law, if any, of the
State of Washington, within said boundaries concerning the subject

matter of this Ordinance, except as otherwise provided in Section
11.4.

11.4 None of these prohibitions or assertions of tribal
authority contained in this Ordinance are intended to apply to the
licensing by the State of Washington of state lottery retailers,
pursuant to RCW 67.70 and implementing state regulations and
procedures. The Tribe will not object to the following assertions
of exclusive state authority in regard to the state lottery:

(a) the issuance and revocation of lottery retailer
licenses and the regulation of the manner of lottery ticket sales
within the boundaries of the Tulalip Indian Reservation, pursuant
to state law;

(b) state court jurisdiction , with exclusive venue
in Thurston County, over state lottery license issues, including
issuance or revocation, the conduct of a lottery retailer, the

ORDINANCE NO. 55 - 9


technology does not change the fundamental characteristics of the
game.

4.9 Tulalip Indian Reservation, as used in this
Ordinance, includes those lands set aside as the Tulalip
Reservation by Article III of the Treaty of Point Elliott, 12 Stat.
928 (1855), and President Grant's December 23, 1873 Executive
Order, plus other lands held in trust for the Tulalip Tribes of
Washington or a Tulalip member(s), or held by the Tribe or its
member(s) subject to a restriction by the United States against
alienation and over which the Tribe exercises governmental power.

Section 5: Administration, Management and Operation of Gaming

The Tribes are empowered to administer this Ordinance,
including general control, management and supervision of all herein
authorized activities and properties, both real and personal, and
to exercise all of the powers necessary and proper to accomplish
all of the purposes of this Ordinance and as further hereinafter
set forth and may do the following illustrative acts and things for

and on behalf of and in the names of the Tulalip Tribes of
Washington:

(a) to adopt and enforce appropriate rules and
regulations for the purpose of carrying into effect the purposes
and provisions of this Ordinance and the Indian Gaming Regulatory
Act and the performance of its functions, including enforcement
provisions and penalties.

(b) collecting, auditing, issuing and/or
establishing and collecting fees, licenses, taxes and permits.

(c) purchasing, leasing, warehousing and selling
bingo, punch board and pull-tab devices and other equipment for
permissible gaming hereunder.

Section 6: Licenses Required/Background Investigations.

6.1 A separate license issued by the Tribes shall be
required for each place, facility, or location on the Tulalip
Indian Reservation at which class II or class III gaming is
conducted. Except as provided in Section 6.6, the Tulalip Tribe
shall have the sole proprietary interest and responsibility for the
conduct of any class II and class III gaming activity. Except as
otherwise expressly provided in this Ordinance, no person other
than a member of the Tulalip Tribes, or an employee of the Tulalip
Tribes, shall take any part in the primary or key management or
operation of said game, and no person who takes part in the
management or operation of said game shall take any part in the
management or operation of any game conducted by any other
organization of whatsoever kind or nature or wherever situate, or
any other branch of the same organization, unless approved by the

ORDINANCE NO. 55 - 5


(b) a player's success at winning money or other
thing of value by overcoming chance is in the long run largely
determined by the skill of the player;

(c) neither the Tribes nor any organization,
corporation or person collects or obtains or charges any percentage
of or collects or obtains any portion of the money or thing of
value wagered or won by any of the players: Provided that this
subsection shall not preclude a player from collecting or obtaining
his or her winnings nor preclude the Tulalip Tribes from setting
a fee for playing based on playing time;

(a) the type of card game is one specifically
approved by the Tribes; and

(e) the extent of wagers, money or other thing of
value which may be wagered or contributed by any player does not
exceed the amount or value specified by the Tribes.

4.5 Class III gaming means all forms of gaming that are
not class I or class II gaming.

4.6 Net revenues means gross revenues of a gaming
activity less amounts paid out as, or paid for, prizes and total
operating expenses, excluding management contract fees.

4.7 "Player" means a natural person who engages, on
equal terms with the other participants, and solely as a contestant
or bettor, in any form of gambling in which he may not receive or
become entitled to receive any profit therefrom other than personal
gambling winnings, and without otherwise rendering any material
assistance to the establishment, conduct or operation of a
particular gambling activity. A natural person who gambles at a
social game of chance on equal terms with the other participants
therein does not otherwise render material assistance to the
establishment, conduct or operation thereof by performing, without
fee or remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play,
permitting the use of premises therefor, and supplying cards or
other equipment used therein.

4.8 Notwithstanding any of the foregoing definitional
limitations, the Tribes may, as provided in section 6(j), enter
into agreement(s) by which the Tulalip Tribes joins with other
tribes to coordinate any tribal gaming operation falling within the
"class II" category of §4 of the Indian Gaming Regulation Act. For
example, an agreement(s) may be made directly with other tribes or
with a management company or other entity to link players at
various reservations, whether in the same or different states, by
means of telephone, cable, television, satellite, and/or other
telecommunication/computer technology, so long as the use of such

ORDINANCE NO. 55 - 4


— a

~

Tulalip Tribes, and no part of the proceeds thereof shall inure to
the benefit of any person other than that organization conducting
said game.

6.2 A tribal license shall also be required for primary
management officials and key employees of each gaming enterprise
on the Reservation, with prompt notification to the National Indian
Gaming Commission of the issuance of such licenses.

6.3 No license shall be issued for a gaming facility
unless the Tribes determine that its construction has been
completed in a manner which adequately protects the environment and
the public health and safety. One of the conditions of such
license shall be that the facility also be maintained and the
gaming so operated as to continue to meet this standard.

6.4 Background investigations shall be conducted on the
primary management officials and key employees of a gaming
enterprise on the Tulalip Reservation as mandated by the Indian
Gaming Regulatory Act. The Tribes shall promulgate rules and
regulations establishing a background investigation procedure and
process adequate to:

(a) ensure that background investigations are
conducted on primary management officials and key employees of any
gaming enterprise and that oversight of such officials and their
management is conducted on an ongoing basis; and

(b) includes:

(i) Tribal licenses for primary management
officials and key employees of any gaming enterprise with prompt
notification to the National Indian Gaming Commission of the
issuance of such licenses;

(ii) a standard whereby any person whose prior
activities, criminal record, if any, or reputation, habits and
associations pose a threat to the public interest or to the
effective regulation of gaming, or create or enhance the dangers
of unsuitable, unfair, or illegal practices and methods and
activities in the conduct of gaming shall not be eligible for
employment; and

(iii) notification by the Tribes to the
National Indian Gaming Commission of the results of such background
check before the issuance of any such licenses.

6.5 If after the issuance of a gaming license, the Tribes
receives reliable information from the National Indian Gaming
Commission or other reliable sources that a primary management
official or key employee does not meet the standard established
under the second sentence of Section 6.4, rules and regulations to

ORDINANCE NO. 55 - 6


within five (5) days of the written decision. The imposition of
the sanction shall be in full force and effect unless reversed
finally by the Tribal Court.

10.0 SEVERABILITY. If any provision of this Ordinance, or
the application to anyone or circumstance is held invalid, the

remainder of the Ordinance or application thereof shall not be
affected.

Adopted at a regular/special meeting of the Tulalip Tribes
Board of Directors on the _@_ day of |umnrxu, 1992with.a quorum

present by a vote of @ _ for and _© _ against.
TULALIP TRIBES OF WASHINGTON

if

By.
Stanley G.

ATTEST:

é
fccegeicy ch enagtsc) Approved
Dawn Simpson, Secretary viii
: Superintendent

Puget Sound Agency
Everett, Washington

ez\dib\tribes\ordssa\,


_ er RaAOTIV ED
niin W229

POT A eae

TULALIP GAMING ORDINANCE
ORDINANCE NO. 55, AS AMENDED

BE AND IT IS HEREBY ENACTED by the Board of Directors of the
Tulalip Tribes ("Tribes") who do here promulgate and enact the
following gambling ordinance pursuant to the powers vested in it
by Article VI, Section 1(k) and (1) of the Constitution and Bylaws
of the Tulalip Tribes of Washington, and the Indian Gaming
Regulatory Act, 25 USC Section 2701, et seq., as follows:

Section 1: Purpose and Policy.

IT IS HEREBY DECLARED to be the policy of the Tulalip Tribes
of Washington recognizing the close relationship between
professional gambling and organized crime, to restrain all persons
or entities from seeking profit from professional gambling
activities within the exterior boundaries of the Tulalip Indian -
Reservation as defined herein; to restrain all persons from
patronizing such professional gambling activities; to safeguard the
Indian and non-Indian public of the Tulalip Indian Reservation
against the evils induced by common gamblers! and common gambling
houses engaged in professional gambling; and at the same time, to
avoid restricting participation by individuals in activities and
social pastimes, which activities and social pastimes are more for
amusement rather than for profit, may have cultural value, do not
maliciously affect the Indian and non~Indian public of the Tulalip
Indian Reservation, and do not breach the peace.

The Tulalip Tribes of Washington further declares that the
raising of funds for the promotion of bona fide charitable or
nonprofit organizations and/or Tribal governmental and social
programs is in the Tribal and public interest as is participation
in such activities as are hereinafter authorized.

The Tulalip Tribes of Washington further declares that the
exercise of Tribal power through this Ordinance is necessary to
protect the right of Tribal self-government and to regulate its

internal relations so as to protect its political and economic
security.

By this Ordinance, the Tulalip Tribes of Washington does not
intend to preempt the authority of the State of Washington to
license businesses within the Reservation as state lottery
retailers, according to state laws, and as further provided in

Section 13.4, infra. (as added January 9, 1988, Resolution #88-
0009).

ORDINANCE NO. 55 - 1


Any ambiguity in this Ordinance or any rules or regulations
shall be resolved so as to be consistent with the Indian Gaming

Regulatory Act, 25 U.S.C. §2701, et. seq. and other applicable
federal law.

Section 2: Title.

This Ordinance shall be known as the "Tulalip Gaming
Ordinance."

Section 3: Revocation of Prior Ordinances.

All ordinances and resolutions of the Tulalip Tribes of
Washington regulating, authorizing, controlling, prohibiting,
and/or in any way dealing with the conduct of bingo, punch boards,
pull-tabs, social card games and other gaming heretofore enacted
or now in effect are hereby repealed and of no further force and
effect, provided that, the Tribe may continue to regulate Indian
gaming as provided under Ordinance No. 55, as amended December 3,
1988, pending approval of this newer Ordinance by the Secretary of
the Interior and/or the Chairman of the National Indian Gaming
Commission.

Section 4: Definitions.

4.1 Class I gaming means social games solely for prizes
of minimal value as determined by the Tribes, or traditional forms
of Indian gaming engaged in by individuals as a part of, or in
connection with, bona fide tribal ceremonies or celebrations.

4.2 (a) Class II gaming means:

(i) the game of chance commonly known as bingo
(whether or not electronic, computer, or other technologic aids are
used in connection therewith)

(I) which is played for prizes, including
monetary prizes, with cards bearing numbers or other designations,

(II) in which the holder of the card
covers such numbers or designations when objects, similarly
numbered or designated, are drawn or electronically determined, and

(IIT) in which the game is won by the
first person covering a previously designated arrangement of
numbers or designations on such cards,

including (if played in the same location) pull-tabs, lotto, punch

boards, tip jars, instant bingo, and other games similar to bingo,
and

(ii) card games that

ORDINANCE NO. 55 - 2


RESOLUTION #95-0031

AMENDMENT NO. 1
TO TULALIP GAMING ORDINANCE NO. 55,
AS AMENDED

BE AND IT IS HEREBY ENACTED by the Board of Directors of the
Tulalip Tribes who do here promulgate and enact the following
amendment to the Tulalip Gaming Ordinance No. 55, as amended,
pursuant to the powers vested in it by Article VI, Section 1(k) and
(1) of the Constitution and Bylaws of the Tulalip Tribes of
Washington, and the Indian Gaming Regulatory Act, 25 U.S.C. Section
274, et. seq., as follows:

A. Section 4.2(d) is hereby deleted;

B. The first paragraph of Section 6.4 is hereby amended to
read as follows, to wit:

Background investigations shall be conducted
on the primary management officials and key
employees of the gaming enterprise on the
Tulalip Reservation to the extent not less
than that required by the Indian Gaming
Regulatory Act and 25 CFR Parts 556 and 558,
all as the same now exist or as they may
hereafter be amended. The Tribes shall
promulgate rules and regulations establishing
a background investigation procedure and
process adequate to; and,

Cc. The word "maker" in the eighth line of Section 12.2(b) is
hereby deleted and the word "matters" substituted therein and in
lieu thereof.

Washington at a regularly scheduled meeting assembled on the
day of February, 1995, with a quorum present by a vote of

and © _ against.

Adopted by the Board of Directors of the Tulalip Tribes of
i

TULALIP TRIBES OF WASHINGTON

wth, Ayer

Stanley G. JoneS, Sr.;\Chairman

ATTEST:

(esd Ge [Vibra {

Apt #. Williams, Jr., sécretary

¢:\dlb\tribes\ord55 .ame


_ ruuct SUUND AGENCY
a . 5 JUN 16 1992

OFFICIAL TRIBAL ACTIO

ORDINANCE NO. 55A RECEIVED
STABLISHING BAL GAMING COMMISSIO!
S

s
DEFINING ITS POWERS, DUTIES AND PROCEDURES

BE IT ENACTED by the Board of Directors ("Board") of the
Tulalip Tribes of Washington ("Tribe"), a federally recognized
Indian tribe reorganized pursuant to Section 16 of the Indian
Reorganization Act of 1934, as amended, and pursuant to Article VI,
Section 1(a), (k) and (1) of the Tribal Constitution, Tulalip
Gaming Ordinance No. 55, as amended, 25 USC Section 2701, et seq.
(PL 100-497) ("IGRA") and the Tribal/State Compact for Class III
Gaming between the Tulalip Tribes of Washington and the State of
Washington of August 2, 1991, effective October 3, 1991
("Compact"), that there shall be and hereby is created a Tulalip
Tribal Gaming Commission ("Commission"), whose purpose is to be a
single Tribal agency primarily responsible for regulatory oversight

of Class I, II and III gaming as defined in IGRA, Tribal ordinance
and the Compact.

1.0 COMMISSION - MEMBERS — APPOINTMENT - VACANCIES, FILLING.

1.1 The Commission shall consist of four (4) members
appointed by the Board. The members of the Commission shall be
appointed no later than forty-five (45) days from the effective
date of this Ordinance. Members of the Commission shall be known
as Commissioners who shall hold three (3) year terms, provided of
the first appointed Commissioners, one shall hold a three (3) year
term, two (2) shall hold a two (2) year term, and one shall hold a
one (1) year term and hold office until their successors are duly

appointed and qualified, which successors shall all hold three (3)
year terms.

1.2 No employee of any Tribal Class I, II or III gaming
operation as defined in IGRA or any non-Tribal gaming operation may
be a Commissioner or employee of the Commission. No member of the
Commission who has served two (2) full’ three (3) year terms shall
be eligible for reappointment. In case of a vacancy it shall be
filled by the appointment of the Board for the unexpired tern.

2.0 QUALIFICATIONS. No person may be a Commissioner unless
they are a duly enrolled member of the Tulalip Tribes of Washington
and twenty-one (21) years of age. The Board may require in order
that a person be considered for appointment that such one(s) submit
to a background investigation.


x

en 2ECEfvE:

TULALIP GAMING ORDINANCE
ORDINANCE NO. 55, AS AMENDED

BE AND IT IS HEREBY ENACTED by the Board of Directors of the
Tulalip Tribes ("Tribes") who do here promulgate and enact the
following gambling ordinance pursuant to the powers vested in it
by Article VI, Section 1(k) and (1) of the Constitution and Bylaws
of the Tulalip Tribes of Washington, and the Indian Gaming
Regulatory Act, 25 USC Section 2701, et seq., as follows:

Section 1: Purpose and Policy.

IT IS HEREBY DECLARED to be the policy of the Tulalip Tribes
of Washington recognizing the close relationship between
professional gambling and organized crime, to restrain all persons
or entities from seeking profit from professional gambling
activities within the exterior boundaries of the Tulalip Indian
Reservation as defined herein; to restrain all persons from
patronizing such professional gambling activities; to safeguard the
Indian and non-Indian public of the Tulalip Indian Reservation
against the evils induced by common gamblers and common gambling
houses engaged in professional gambling; and at the same time, to
avoid restricting participation by individuals in activities and
social pastimes, which activities and social pastimes are more for
amusement rather than for profit, may have cultural value, do not
maliciously affect the Indian and non-Indian public of the Tulalip
Indian Reservation, and do not breach the peace.

The Tulalip Tribes of Washington further declares that the
raising of funds for the promotion of bona fide charitable or
nonprofit organizations and/or Tribal governmental and social
programs is in the Tribal and public interest as is participation
in such activities as are hereinafter authorized.

The Tulalip Tribes of Washington further declares that the
exercise of Tribal power through this Ordinance is necessary to
protect the right of Tribal self-government and to regulate its

internal relations so as to protect its political and economic
security.

By this Ordinance, the Tulalip Tribes of Washington does not
intend to preempt the authority of the State of Washington to
license businesses within the Reservation as. state lottery
retailers, according to state laws, and as further provided in

Section 13.4, infra. (as added January 9, 1988, Resolution #88-
0009).

ORDINANCE NO. 55 - 1


i ~}

Section 13: Severability and Construction

13.1 All factors incident to the activities authorized
in this Ordinance shall be closely controlled by the Tribes and the
provisions of this Ordinance shall be liberally construed to
achieve such end.

13.2 If any clause, part or section of this act shall
be adjudged invalid, such judgment shall not affect or invalidate
the remainder of the ordinance, but shall be confined in its
operation to the clause, part or section directly involved in the
controversy in which such judgment is rendered. If the operation
of any clause, part or section of this act shall be held to impair
the obligation of contract, or to deny any person any right or
protection secured to him by the Constitution of the Tulalip Tribes
of Washington, the Constitution of the United States of America,
or the Constitution of the State of Washington, it is hereby
declared that, had the invalidity of such clause, part or section
be considered at the time of the enactment of this act, the
remainder of the act would nevertheless have been adopted without
such and any and all such invalid clauses, parts or sections.

13.3 Any reference herein to the National Indian Gaming
Commission shall be read and interpreted as the Secretary of
Interior until such time as the Commission is duly appointed and
constituted.

Section 14: Effective Date

This Ordinance shall become effective in accordance with the
provisions of the Constitution of the Tulalip Tribes of Washington.

ADOPTED by the Board of Directors of the Tulalip Tribes of
Washington at a regularly scheduled meeting assembled on the 7th

day of April, 1990, with a quorum present by a vote of for and
0) against.
Q
Sea Yo Y
Stanley é. 36 é. songs, Sr.
Chairman
ATTEST:

Lib xv Posey

Debra L. Posey
Secretary

ORDINANCE NO. 55 - 11


comme) 5.
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'S_ POWERS D. OC: Ss

BE IT ENACTED by the Board of Directors ("Board") of _the
Tulalip Tribes of Washington ("Tribe"), a federally recognized
Indian tribe reorganized pursuant to Section 16 of the Indian
Reorganization Act of 1934, as amended, and pursuant to Article VI,
Section l(a), (kK) and (1) of the Tribal Constitution, Tulalip
Gaming Ordinance No. 55, as amended, Tribal Ordinance No. 55A, 25
Usc Section 2701, et seq. (PL 100-497) ("IGRA") and the
Tribal/State Compact for Class III Gaming between the Tulalip
Tribes of Washington and the State of Washington of August 2, 1991,
effective October 3, 1991 ("Compact"), that the following sections
set forth below of Ordinance 55A shall be, and the same hereby are,
amended to read and state as follows, to wit:

1.0 COMMISSION - MEMBERS - APPOINTMENT - VACANCIES, FILING.

1.1 The Commission shall consist of seven (7) members elected
by the membership. The members of the Commission shall be elected
no later than ninety (90) days from the effective date of the
amendment to this Ordinance. Members of the Commission shall be
known as Commissioners who shall hold three (3) year terms;
provided of the first elected Commissioners, three shall hold a
three (3) year term, two shall hold a two (2) year term, and two
shall hold a one (1) year term and hold office until their
successors are duly elected and qualified, which successors shall
all hold three (3) year terms. The costs of election shall be
borne by the Class III gaming operations, and compensation for
Commissioners shall be set by the Board.

1.2 No employee of any Tribal Class I, II or III gaming
operation as defined by IGRA or any non-Tribal gaming operation may
be a Commissioner or employee of the Commission. No member of the
Commission who has served two (2) full three (3) year terms shall -
be eligible for re-election. In case of a vacancy it shall be
filled by the appointment of the Board for the unexpired term.

2.0 QUALIFICATIONS. No person may be a Commissioner unless
they are a duly enrolled member of the Tulalip Tribes of Washington
and twenty-one (21) years of age and shall never have been
convicted of a felony crime, or a misdemeanor involving dishonesty.
The Board shall require in order that a person be qualified for
election that such candidates submit to a background investigation
and also be qualified to be issued a gaming certificate and license
pursuant to the compact between the Tulalip Tribes and the State of
Washington. The fees and costs for such background investigation

shall be paid by such proposed candidates in advance in the amount
set by the Director of the Commission.


Tulalip Gaming Ordinance No. 55, as
amended, received in NIGC September 20,
1994 (dated April 27, 1990)


be promulgated, the Tribes shall suspend his or her license and,
after notice and hearing, may revoke such license. By regulation,
the Tribes may set grounds for license suspension, revocation, and
denial, including the above-referenced standard and such other
grounds as it deems appropriate.

6.6 No license shall be required for class I gaming on
the Tulalip Reservation.

6.7 No license shall be issued for a gaming activity
managed or operated by other than the Tribes, except State and
Tribally licensed Washington State lottery retailers.

6.8 The National Indian Gaming Commission shall have
thirty (30) days to notify the Tribe of any objections to issuance
of a gaming license.

6.9 The procedures for license application and review
shall be set forth in regulations to be promulgated by the Tribes.
All licenses shall be for one year only and renewable upon review
and approval of the Tribes, as set forth in its regulations.

6.10 Nothing in this Ordinance or any rules or
regulations promulgated pursuant hereto shall be deemed a waiver
of the Tulalip Tribes sovereign immunity or consent to be sued.

}
}

Section 7: Audits.

7.1 Annual outside audits of class II and class III
gaming on the Tulalip Reservation, which may be encompassed within
existing independent tribal audit systems, shall be provided by the
Tribes to the National Indian Gaming Commission.

7.2 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 III gaming shall be subject to such independent
audits.

Section 8. Net Revenue Allocation. -

8.1 Net revenues from any Tribal gaming are not to be
used for purposes other than:

(a) to fund Tribal government operations or
programs;

(b) to provide for the general welfare of the
Tulalip Tribes and its members;

(c) to promote Tribal economic development;

ORDINANCE NO. 55 - 7


Any ambiguity in this Ordinance or any rules or regulations
shall be resolved so as to be consistent with the Indian Gaming

Regulatory Act, 25 U.S.C. §2701, et. seq. and other applicable
federal law.

Section 2: Title.

This Ordinance shall be known as the "Tulalip Gaming
Ordinance."

Section 3: Revocation of Prior Ordinances.

All ordinances and resolutions of the Tulalip Tribes of
Washington regulating, authorizing, controlling, prohibiting,
and/or in any way dealing with the conduct of bingo, punch boards,
pull-tabs, social card games and other gaming heretofore enacted
or now in effect are hereby repealed and of no further force and
effect, provided that, the Tribe may continue to regulate Indian
gaming as provided under Ordinance No. 55, as amended December 3,
1988, pending approval of this newer Ordinance by the Secretary of
the Interior and/or the Chairman of the National Indian Gaming
Commission.

Section 4: _ Definitions.

4.1 Class I gaming means social ganles solely for prizes
of minimal value as determined by the Tribes, or traditional forms
of Indian gaming engaged in by individuals as a part of, or in
connection with, bona fide tribal ceremonies or celebrations.

4.2 (a) Class II gaming means:

(i) the game of chance commonly known as bingo
(whether or not electronic, computer, or other technologic aids are
used in connection therewith)

(I) which is played for prizes, including
monetary prizes, with cards bearing numbers or other designations,

(II) in which the holder of the card
covers such numbers or designations when objects, similarly
numbered or designated, are drawn or electronically determined, and

(III) in which the game is won by the
first person covering a previously designated arrangement of
numbers or designations on such cards,

including (if played in the same location) pull-tabs, lotto, punch
boards, tip jars, instant bingo, and other games similar to bingo,
and

(ii) card games that

ORDINANCE NO. 55 - 2


(

Section 13: Severability and Construction

13.1 All factors incident to the activities authorized
in this Ordinance shall be closely controlled by the Tribes and the
provisions of this Ordinance shall be liberally construed to
achieve such end.

13.2 If any clause, part or section of this act shall
be adjudged invalid, such judgment shall not affect or invalidate
the remainder of the ordinance, but shall be confined in its
operation to the clause, part or section directly involved in the
controversy in which such judgment is rendered. If the operation
of any clause, part or section of this act shall be held to impair
the obligation of contract, or to deny any person any right or
protection secured to him by the Constitution of the Tulalip Tribes
of Washington, the Constitution of the United States of America,
or the Constitution of the State of Washington, it is hereby
declared that, had the invalidity of such clause, part or section
be considered at the time of the enactment of this act, the
remainder of the act would nevertheless have been adopted without
such and any and all such invalid clauses, parts or sections.

13.3 Any reference herein to the National Indian Gaming
Commission shall be read and interpreted as the Secretary of
Interior until such time as the Commission is duly appointed and
constituted.

Section 14: Effective Date

This Ordinance shall become effective in accordance with the
provisions of the Constitution of the Tulalip Tribes of Washington.

ADOPTED by the Board of Directors of the Tulalip Tribes of
Washington at a regularly scheduled meeting assembled pn the 7th
we of April, 1990, with a quorum present by a vote of for and

sae €._ sonks, Sr.

Chairman

ATTEST:

Lhe L Piracy

Debra L. Posey
Secretary

ORDINANCE NO. 55 - 11


Ordinance No. 55A, establishing a Tribal
Gaming Commission, defining its powers,
duties and procedures, received NIGC
September 20, 1994 (dated June 16, 1992)